Contrary to popular belief, probate lawyers are no different than other lawyers. Probate lawyers work closely with a family member to help with proper distribution of assets after the client has passed away. This article will help you select a lawyer; it may be easier than you think to find a good one.
It is a good idea for you to understand the workings of the probate system before you go in search of an attorney. Upon death, the deceased\’s estate enters into the process known as probate. The reading of the will takes place and the person’s estate is distributed as planned. Sadly, this is when the feuding between family members usually starts. Survivors often find themselves in a conflict because the deceased has not left a will or the will has not been updated for a long time. When someone close to the deceased challenges the will, it then must go through the courts.
A probate lawyer\’s job is to defend his or her client\’s interests. If you are in need of an attorney, it is in your best interest to choose someone familiar with you, your family, and the estate. In challenging a will, consider selecting someone who knows you already, such as a family attorney who is acquainted with you, but did not write the will.
In some situations, use of the family attorney is inappropriate. For example, if you and your sibling argue over your diseased father\’s estate, neither of you can appropriately use the family attorney. If you and your sibling were on opposite sides in a legal dispute, attempting to use the same attorney would be useless for both of you. An attorney cannot represent both parties in a case, as that would be a conflict of interest. To avoid this you should choose an attorney who knows you, rather than one who is the family\’s lawyer.
The majority of people will likely never have the need for a probate lawyer, so you might not have considered it a high priority to have one. However, almost everyone will require a lawyer at least once in their lives. Because typical lawyers deal with wills and probate, your family can benefit thoroughly from the services of an attorney with whom you have a trusting relationship.
By: Lindsey Malberg
