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Probate Law News
What Is The Lawyer's Role
It is easy to be lured by advertisements claiming you can save time and money by drafting your own will using do-it-yourself software or fill-in-the-blank will kits. It is unlikely that these systems will generate a suitable will that accomplishes all your objectives. Only a qualified lawyer can interpret the maze of laws bearing on property rights, taxes, wills, probate, and trusts.
On the other hand, you can save time and money by preparing thoroughly for a meeting with your estate planning lawyer. You can organize your information regarding your assets, liabilities, and title arrangements and discuss your feelings about providing for various family members. You should provide copies of important documents such as previous wills or trusts, powers-of-attorney, life insurance policies, employment benefits, and prenuptial agreements or divorce decrees.
Not every state has a program requiring or allowing attorneys to designate a specialty area of practice, so you should inquire about the level of experience and qualifications in estate planning when selecting an attorney. Membership in certain bar associations or estate planning organizations often indicates a level of dedication to the estate planning field and a commitment to keeping abreast of the law. Most important, you should choose an attorney in whom you have confidence, either through recommendations from friends or your other professional advisors.
The advice and direction of your attorney will be essential to implementing an estate plan that both disposes of your assets according to your wishes and meets your other personal objectives.
Probate Transfers Legal Title Of Property
Probate is the means by which legal title of property transfers from the estate of the person who has died, to his or her proper beneficiaries. The term "probate" refers to proving the existence of a valid Will, or determining and proving who one's legal beneficiaries are if there is no Will. Since you can't take it with you, probate is the process used to determine who gets your property.
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Definition:
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).
Power of attorney
Definition:
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.
Attorney-in-fact
Definition:
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.
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