A probate attorney is a legal professional who usually deals with the after effects of a person’s death regarding the estate and its division. There are two basic types of legal professionals who deal in this field; they are sometimes called the probate litigators and the transactional lawyers. Sometimes, Probate Attorney and What He is Responsible For Articles lawyer may opt to do both these actions since they are basically within the realm of his studied field but many of them tend to specialize in one or the other probate attorney houston, texas.
It is important that the lawyer to be hired is one who is familiar with the field and one who knows what he or she is doing since this field is usually filled with inheritances, estates and other things from which money, land and other things may be taken.
Many clients wish to be represented by legal professionals who have a good track record and have studied this aspect of the law from reputable schools. Some aspects of property law may be necessary if the decedent, the person who died and who is leaving his estate to others, have extensive properties which may need the expertise of someone who knows about it.
Responsibilities
The responsibilities of the probate attorney basically include making sure that the will of a person is brought to court and dealt with accordingly. They take care of the decedent’s will during the court proceedings. These legal professionals also go to court as representatives of the heirs of individuals who have died but have no will at present. In many cases, the heirs of the decedent hire one to bring the case to court to either defend the will or to help with the division of the estate when there is no will. When someone dies interstate, meaning without a will, their estate can still be given to the heirs through the help of the lawyers who specializes in this field.
On the other hand, these attorneys can also help an individual make a will. He or she will recommend and help the person as to the legalities of the will. The drawn will should be legal and witnessed by some reliable people. This is the look out of the probate attorney in making sure that everything is aboveboard and will be able to go through probate court. Those with no wills but have estates to divide should still be able to go through court with the help of the legal professional.
It is important that the probate attorney is a local of the place where the case will be heard or, at least, be familiar with the local laws of the state or county. The fees are often decided between the client and the lawyer. For clients who are not financially well off, they might need to come to an agreement with their lawyer regarding him taking part of the estates as compensation of his services. Other lawyers also charge a flat rate just for going through probate court while others might be more expensive and charge whenever they appear in court or when there are problems with the case.