What can you expect from a probate lawyer?

by | Jan 30, 2015 | Lawyer

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A probate lawyer in Boise Idaho is a legal professional that is responsible for administering the last will and testament which has been prepared for a client. This lawyer will also assist the heirs named in the will; guiding them through probate in court. Although it is not a demand a probate lawyer can also act as the executor of the estate, the executor being that individual who administers the will, distributing the assets of the deceased.

The process of probate is one in which the assets of a person are distributed upon his or her death. In the event the individual dies with a will, the will contains the names of those individuals who are entitled to receive the assets. The person who writes the will also names the executor, in some cases the probate lawyer, to handle the distribution of the assets.

The probate process begins upon the death of a person with a will. This is a process which distributes the assets of the deceased in complete accordance with the wishes of the deceased, the tenants. The probate process is overseen by a court to ensure that the contents of the will are executed exactly as the decedent wishes.

A probate lawyer in Boise Idaho represents the executor or the heirs in court. It is the task of the probate lawyer to facilitate the legal process, entering motions and pleadings as required. In the event the will is contested or should the court entertain any questions about the wills validity, the probate lawyer will present answers and arguments.

In many cases the individual who writes the will, the decedent, will find it advantageous to name the probate attorney as the executor as well. In this case it is the job of the probate lawyer to actually manage the physical asset distribution. This can entail arranging to have the name on the title to property changed to the name of the heir as well as moving assets into the name of the person who was named in the will as the inheritor.

When the probate lawyer also acts as the executor, he or she is paid a nominal fee from the estate. In some cases this can simply be a pre-arranged flat fee or it can be based on the value of the estate. The fee paid for executing the terms of the will are over and above the fee for preparing the will.

If you are looking for a probate lawyer in Boise Idaho you are invited to contact the law office of Finch ~ O’Neil. You are welcome to call and schedule an initial consultation.

 

 

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