A probate attorney is a qualified individual in the field of law and particularly deals with cases that involve succession. This is mostly a will that has been written by the deceased party. They are either known as transactional lawyers or probate litigators. The lawyer in this case ought to have specialized with cases that deal with inheritance, estate succession, legal rights, and declaration of the will. There are many cases in court that deal with this matter since various parties may not reach an agreement on how to divide the deceased estate. When someone lands in a dispute, they may consult a probate lawyer who may have to resolve the conflict between the two disputing parties. A good lawyer should have been successful in previous court cases.
One of the duties of the probate lawyer is to ensure that the will is produced in court and followed to the later as per the requirements of the deceased. If there is no will, they appear before a court to defend the deceased estate and ensure that the right party settles with the deceased estate. Most of the time, many people die without writing wills and this means that there has to be a lawyer present to assists in the division of the inheritance. Even though most of the cases do end up in court battles, most of the probate lawyers have the ability to settle the matter out of court when both parties reach an agreement.
Another duty of the probate lawyer is assisting their client to write a will. When someone has a huge estate or wants to divide their property, the lawyer assists them to draft it as per their wishes. They only give legal advice and write down what the owner of the will wants. There must be witnesses present to ensure all that is said has been drafted in the will. In case there is a court dispute with the will, the lawyer has the chance to represent the deceased in court.
When someone wants to write a will, it is advised they choose a probate lawyer that they trust and their cases are heard in the local courts. The client is advised to choose a lawyer who knows them well and this makes it easier for them to present the case before the court. The probate lawyer has the full rights to store a copy of the will and that means whenever the owner needs to change it, the lawyer has to be consulted and make the necessary changes. When the owner of the will dies, it is the duty of the probate lawyer to read the will before the family and named individuals. They are entrusted the full responsibility to ensure that all that has been written is fulfilled and if there are disputes regarding the matter, they take the chance to make the proper arrangements before the court of law for the court hearings to commence.