What are probate and estate planning and why an attorney is needed?

in #legal5 years ago

Estate planning is important as it helps to decide who is going to inherit your assets after you are gone. Unfortunately, accidents can occur anytime, and in such cases, estate planning is important, without it there would be no proper documents. And someone else will be making decisions of your assets such as property, accounts, etc. and of your family. Estate planning is important for everyone whether you are rich or not if you have a pricey property or not.

Settling your affairs after you go without a proper estate plan is tedious, stressful and a costly task for family members, they have to go through the complicated court proceedings to inherit your assets. Hence, it’s important to work with an experienced estate plan attorney Boca Raton; a lawyer can help you create a will trust, and will ensure that your assets are inherited according to your wish. An estate planning lawyer can help you establish the following:

  • Will: It is a legal document which allows you to divide your assets among family members or friends, and the guardianship of your children following your passing. Without a will, your family has to go through the complicated procedure to access your assets. An estate plan attorney Boca Raton can help you create a will, and protect it against any error or violation.
  • Trusts: It allows you to distribute your assets among different members of your family by adding a timeline to it stating when and how the assets should be divided among the family or friends. It also requires a trustee to safeguard your assets from any violation and to make sure the assets are received when and how you wanted them following your passing. An experienced lawyer can help you establish a legal and sound trust and can help you find a trustworthy trustee.
  • Probate Administration: Probate is a process in which a court closes a person’s estate after his or her death, and to distribute the assets of a deceased person, the court nominates a personal representative. In such cases, a lawyer can help you understand the process of probate and protects your interests so that you get a fair share of the assets.
  • Probate Litigation: Generally, the court provides the opportunity to challenge the will, to make an objection, challenge the terms and conditions of will or validity of the will itself. When such a situation arises it becomes important to look for a probate litigation attorney. An attorney can help you face a will contest or can represent your will contest in court.
  • Durable Power of Attorney: It is a legal document allowing you to assign a person who can act on your behalf when you are seriously ill or incapacitated and unable to make appropriate decisions for yourself. Estate plan attorney Boca Raton can help you understand your legal options for setting up a durable power of attorney in these kinds of situations.