What a Probate Attorney Can Do for You
A probate lawyer can provide you with valuable advice and guidance when navigating the process. The attorney will file the last will and testament of the deceased with the probate court as required by state statute. The attorney will help you determine which assets are subject to probate administration and help you administer the "nonprobate" assets. Nonprobate assets might include those that are jointly owned, beneficiary designated, or held by a trust.
It goes without saying that your attorney will assist you if any dispute arises between heirs, beneficiaries or creditors regarding the administration of the deceased person’s estate. But a probate lawyer does more.
A probate lawyer will determine which form of court supervised administration or other probate administration is appropriate for the estate. There are several methods-Summary Settlement, Summary Assignment, Informal Administration, Formal Administration, Transfer by Affidavit and Special Administration. Some only require filing papers with various government agencies. Others require court appearances. As the settlement procedure moves along, your lawyer will determine which are most appropriate, cost effective and complete for you. Please be aware, many procedures require waiting periods, which must pass before we are allowed to move to the next step. Those time periods allow creditors to file claims, governmental agencies to determine taxes, if any, processing time, and to allow objections by persons interested in the estate.
A probate lawyer will help a Personal Representative (Executor) or a Special Administrator operate within the legal limits of his or her authority. And lastly, the attorney will work with a certified public accountant to make sure that the proper personal income tax returns and fiduciary (estate) tax returns are prepared in the proper manner and at closing certificates from taxing authorities are presented to the court in order to legally close the court file and discharge the Personal Representative or Special Administrator.
If you need a probate lawyer in Wisconsin Rapids, WI, turn to Alan A. Panek Law Office, SC. Focusing on estate planning, probate, elder law, and real estate law matters, he provides the compassionate, personalized, and professional legal counsel you and your family deserve. Learn more about his practice areas online, or call (715) 421-4900 to schedule an initial consultation.