Probate Lawyer Duties
A probate lawyer must zealously represent a client to the best of his ability and protect the client's interests during a case. A probate lawyer's client may have important concerns and be confused by the legal process. A probate lawyer must explain the situation clearly and in some cases protect the wishes of a person who is no longer alive. Following are the duties of a probate lawyer in several probate matters.
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Minors
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In matters regarding minors, a probate lawyer and family court lawyer sometimes work hand-in-hand. While a family court lawyer handles cases involving the procedures for adoption, child custody and child support, a probate court lawyer may have a part in each of these cases if a guardian ad litem is appointed or if a minor receives a large sum of money through a court case or through inheritance. The reason is for an additional unbiased party to help represent the best interest of the child and to protect his finances.
Mentally Incapacitated
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A probate lawyer can represent a mentally incapacitated person or his family when trying to establish the custody and care of the incapacitated person. Some mentally incapacitated people do not require the aid of probate court as they are self-sufficient, however, for persons with moderate to severe mental incapacities, someone must be placed in charge of their custody known as a guardian and their financial business, known as a conservator. A probate lawyer is responsible for filing the necessary paperwork and contacting the guardian ad litem and medical professionals who are assisting with obtaining the guardianship and conservatorship on behalf of the incapacitated person.
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Estate Administration
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A probate lawyer should be used in the course of estate administration to avoid delays in the process and financial penalties. A probate lawyer is retained after the personal representative files the will and the death certificate with probate court. A probate lawyer's duties include gathering information in order to prepare accurate, factual documents to be filed with the court, so that all steps are followed completely without error.
Preparation of a Trust
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A probate lawyer has vast knowledge regarding the best type of trust agreement used for each individual client. There are several types of trust documents. Tax implications, property disposal and control of the trust are all crucial elements in order to determine the type of trust used. A probate lawyer may also communicate with the client's accountant or income tax preparer to discuss the best option for the client.
Preparation of a Last Will and Testament
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A probate lawyer's has several duties in conjunction with the preparation of a last will and testament. The initial conference or consultation is when the client and the lawyer discuss how the will should be written. It lists who receives what type of possession, or property from the person signing the will. The next step is the preparation of the will which may be written by an attorney or a trained staff member. The third step is the execution of the will which is important since there are certain signature requirements which must be strictly followed, and the lawyer must confirm that the person signing the will is mentally competent to sign the will.
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