What Can a Probate Lawyer Do For Me?

 In Law, Probate

While no one likes to think about it, sooner or later we are all faced with the inevitable question of how we want our last wishes handled. The difficulty of handling our final estate can be made easier for our loved ones by a comprehensive estate plan. An experienced probate lawyer is a valuable tool to have in preparing for this eventuality. What can a probate lawyer do for you?

When deciding whether to hire a probate lawyer to assist with your estate planning, consider the following:

  • Do I own real estate? Is it currently under a mortgage or reverse mortgage?
  • Will tax laws affect my will and how much my heirs inherit?
  • Do I need to plan ahead for Medicaid eligibility or other long-term care considerations?
  • Do I plan on dividing up my estate among my spouse and children or grandchildren?
  • Am I leaving a business to my spouse or child/ren?
  • Have I already executed a will but want to make changes to it?

If the answer to any of these questions is yes, you should consider hiring a probate lawyer to assist you in making your estate plan. A probate lawyer can help you create a last will and testament to administer your estate in accordance with your exact wishes. A properly executed trust can protect your assets and make them available to your loved ones without having to go through the lengthy probate process. A durable power of attorney can empower a trusted person to handle your affairs should you become unable to do so yourself. Finally, an experienced probate lawyer can draft your estate plan to reduce the tax burden on your heirs as much as possible. A well-drafted estate plan can protect your loved ones from uncertainty and potentially lengthy court battles over your estate.

In the event that a loved one passes without leaving a will (known as dying intestate), a probate attorney can help you with administering such an estate. Each state’s laws regarding intestacy and inheritance differ, and you’ll want an experienced probate lawyer in your corner to walk you through the process to avoid any missteps that might result in litigation. Should you decide to dispute the handling of a loved one’s estate, a probate lawyer will be essential to your success in the courtroom.

While a lawyer is not required to write or change a will, or handle administration of an estate, it’s advisable to consult with one to ensure compliance with the law and to make sure that no loose ends are left undone. The Slaughter Law Firm can ensure that your assets and loved ones are protected during a difficult time. If you have a probate issue in Tennessee, contact The Slaughter Law Firm for a consultation and to talk about what a probate lawyer can do for you.