A will and probate attorney is a legal expert who is responsible for handling the last will and testament written by his/her client.  These individuals not only administer the will made by the client but also help the client frame a suitable will and name heir/heirs for future purposes.  These lawyers work either in law firms or may practice independently.  Their main job is to advice clients about proper property and asset distribution and using business law and other laws to report assets in the court of law.

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What is a probate process?

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A probate process is the kind of process through which assets are distributed to the chosen heir when a person dies.  If the person possessed a will, then the assets will be handed over by a probate attorney to the beneficiaries. In some cases of a probate process also includes an executer who handles the distribution of the assets as per the wish of the one who has died.

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The role of a probate lawyer:

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• A probate lawyer represents the executor of the will and his/her heirs in the court of law to let help them transfer the assets named to them.

• He/she is responsible for facilitating the entire legal process and this may be done with the help of a trust attorney who helps to secure estate and trusts and record them in the court.

• If any motion or pleadings have to be filed, then this job is also done by a probate lawyer.

• In the situation where the will is being contested, the will and probate attorney makes arguments and represents his/her client for attaining the goal.

• It is the responsibility of a probate attorney to place arguments in favor of client when the court questions the validity of the will.

• Some other duties which may fall in the tasks of a probate lawyer are physical distribution of assets, changing title of property and moving assets in the name of the person who has legally inherited them.

• These individuals help in settling affairs and eliminating the complications which might arise after the demise of the client when more than 1 person claims right over assets or property.

• A probate lawyer helps in preparation of a legal will from scratch and gives consultancy and advice to the client regarding the same, based on experience and expertise.

• Probate lawyers also help in asset protection and securing of a client’s assets against unfair claims after his death.

• These law experts help in preparation of power of attorney, medical powers of attorney and assist in trust planning as well.

• They also deal with matters relating to income tax issues and other related topics.

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The above given points must have made it clear that a will and probate lawyer is extremely helpful legal counsel who all of us would need at one point or the other. To hire an experience asset protection lawyer for personal or business purposes, you can visit Lorren T. Johnston.

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