An estate attorney is a professional who helps individuals and families with matters related to estate planning. In simple words, real estate attorneys guide clients. An estate attorney, also known as an estate attorney, specializes in guiding people through the probate process after the death of a loved one. Probate attorneys are primarily engaged in administrative tasks and ensure that the deceased's assets are properly distributed in accordance with their will or, in the absence of a will, in accordance with state intestate succession laws.
An estate planner (or estate planning attorney) is a licensed attorney who specializes in end-of-life planning. Also known as estate attorneys or estate planners, they can help educate you about the estate planning process and the laws affecting the transfer, disbursement and taxation of your estate. When someone dies, the assets they owned are called assets. An estate attorney helps manage inheritances.
The specific tasks they perform vary depending on the needs of the estate and their heirs. If a deceased has a will, the probate attorney submits it to the probate court, prepares and files probate court documents, and advises the personal representative of the will on the legal process for managing the estate. Another role that the lawyer can play or provide guidance on is to locate and gather all of the deceased's assets. This includes closing bank accounts and safe deposit boxes, ensuring the valuation of jewelry and real estate, and selling or distributing any other personal item, such as clothing, cars, furniture, etc. The estate attorney also collects all of the deceased's debts and organizes their payment.
In most cases, an attorney who specializes in estate litigation works with or for the estate's personal representative. The personal representative, known as the executor in many states, is the person responsible for initiating the succession, collecting the assets of the estate and distributing the inheritances. While both are essential in the succession and testamentary process, their roles and areas of focus are clearly different. While gathering and organizing this documentation may require additional effort on your part, the end result will be a fully customized estate plan that meets the needs of your loved ones and protects your assets.
The main difference between the two is that estate planning attorneys focus on planning the will during the person's lifetime. You can create documents, such as health directives, that accurately describe your health care wishes with the help of an estate attorney. Estate planning is about making sure that your family understands how they want their assets and affairs to be managed in the event of death or disability. Succession plans are often intended to establish a legacy and make it easier for grieving loved ones to liquidate an estate.
You can also ask your employer if they offer a legal benefits plan, which could connect you to a network of attorneys with experience in estate planning for a low monthly fee. Florida law assumes that most adults in their right mind have the legal capacity to execute a will and make other decisions related to estate planning. Understanding this distinction is critical in addressing the complexities of estate planning and ensuring a smooth transition. for their beneficiaries.
Dealing with estate planning or the estate process can be complex and requires a solid understanding of the legal terminology and regulations involved. An experienced estate planning attorney can ensure that you have a comprehensive, legally binding plan that will eliminate conflict, confusion, and excessive emotional stress after your death. Skilled attorneys can explore strategies to minimize estate taxes and ensure that their beneficiaries receive the maximum amount possible.
