If someone you know has passed away and you find yourself dealing with matters of their estate you will be very thankful for the help of an expert in those matters. A Tulsa probate lawyer is a state-licensed attorney who through education, training and experience can advise personal representatives of an estate, commonly called executors or beneficiaries on legal matters related to settling the details of an estate from a deceased person, often referred to as a decedent.

What does a probate lawyer do?

A probate lawyer assists executors of the estate (or “administrators in the case of no will) manage the probate process. Probate is defined as the official proving of a will. A probate lawyer helps determine how the assets of an estate should be handled and distributed. A probate lawyer also helps with estate planning, drafting wills, establishing living trusts, advising on powers of attorney and can even serve as an executor or administrator if needed. Probate lawyers are also sometimes referred to as estate or trust lawyers or probate attorneys. Handling an estate and going through probate can be a complicated, emotional, and overwhelming process for many people. Probate lawyers provide expert counsel to help make the process go smoother and to ensure that the estate is handled correctly and in accordance with the known will of the decedent. Probate lawyers can advise powers of attorney on a variety of issues including.

• Management of life insurance proceeds
• Property appraisals and valuations
• Locating and securing decedents assets
• Giving counsel on how to settle the decedent’s debts and bills
• Prepare and file needed legal documents for probate court
• Manage the account of the estate
• Determine if any estate taxes are owed
• Settling Disputes between executors and beneficiaries
• Retitling the decedent’s real estate into the names of the estate beneficiaries if the property is not being sold
• Making appropriate elections on retirement plans, including IRAs 401(k)s

When do I need a probate lawyer?

A probate attorney can be helpful for any matter concerning the probate court system. Every state is different, some states assign probate duties to the trial court and some have their own separate probate court that is used exclusively for probate matters. If you are an executor of a will or have the power of attorney than a probate lawyer may be very useful to you in navigating the complicated issues surrounding handling the assets of the estate.

Ways A Probate Lawyer Can Help You

A probate lawyer takes a personal representative through the entire probate process from start to finish. The process will differ depending on whether the decedent died without a will and testament. We will talk more about both of those differences in a moment. Sometimes if there is a conflict between the beneficiary and the representative of the estate or if they are unfamiliar with each other a probate lawyer may also be hired to give counsel to the beneficiary of an estate. Some probate lawyers specialize in challenges to the decedents’ last will and testament through a will contest. They may represent either beneficiaries or representatives in separate legal suites regarding the estate. Probate lawyers that specialize in these matters are commonly referred to as probate litigators or estate and trust litigators.

Handling An Estate Without A Will

When a person dies without leaving a will and testament it is referred to as dying intestate. When a person dies and leaves a will it is called testate. Handling the final affairs of an estate without a will is called intestate succession. The lack of a will and testament to dictate the final affairs of an estate can create confusion regarding what state laws dictates should happen to the estate’s assets. Not all estate assets are passed by a will, many cannot be including.

Life Insurance Proceeds
Property Held In A Living Trust
Funds in a 401(k), IRA, or a retirement fund for which a beneficiary was named
Funds in a payable-on-death (POD) bank account
Stocks or securities held in a transfer-on-death (TOD) account

Who inherits these types of property will be determined by the documents stating the beneficiary designation or co-ownership.

Handling the affairs of an estate without a will (intestate succession) will be determined according to each state’s probate laws. Typically there are classes of heirs which will determine the order and way that the assets of the estate are distributed. Surviving spouses, children, parents and blood relatives are the most common and obvious class of heirs. In most cases, distant relatives will only take assets if there are no surviving spouse or children. In the case of there being no surviving family members most of the time, all of the assets will go to the state. Friends and charities do not receive anything typically in intestate succession.

When there is no will, the probate court will typically appoint a person to manage the probate process. This is typically done by appointing an individual as a personal representative of the estate. The personal representative of the estate is also called an administrator. The administrator has the same responsibilities as an executor named in a will and has to determine the value of the estate, pay debts and taxes and handle other expenses and issues.

A probate lawyer advises the personal representative of the estate or manages things on their behalf. A probate lawyer helps to make the probate process run smoother, advise the representative on the best way to handle issues, and help resolve conflicts that may arise between the representative and other individuals involved in the matters of the estate.

Handling An Estate With A Will

When there is a will for the decedent it is called testate succession. A probate lawyer will help evaluate the will and testament and other official documents of the estate and advise the executor on decisions regarding the probate process.

If the will and testament are contested the probate attorney can help represent the executor and defend the will if needed. The executor of the estate can rely on a probate attorney to advise them in all matters regarding the affairs of the estate. A probate lawyer may determine taxes or debts that are owed, help to coordinate the sale of property assets, or manage the estate checkbook and expenses.

Estate Planning

You may have heard the saying, “An ounce of prevention is worth a pound of cure”, or, “failing to plan is planning to fail.” These may be old cliches, but they ring true nonetheless. It is vital and wise for every person to look ahead and set their affairs in order for what happens after they die. Estate planning can be an overwhelming issue to think about. Not only does it require facing one’s mortality, but it also requires thinking in a systematic and methodical way about the issues and questions that may arise after death that will need to be addressed in an estate plan.

A probate lawyer helps you to plan ahead in a way that helps your wishes to be carried out for your estate and affairs so that you can avoid leaving confusing issues for your loved ones. A probate attorney helps you write a will and testament and think through the affairs of your estate in a methodical and organized way.

Hiring a probate lawyer to help you plan your estate and write your will and testament is a great way to apply ancient wisdom and principles to your life.

“A wise man looks ahead.” -Proverbs 13:16

“Plans fail for lack of counsel, but with many advisers, they succeed.” – Proverbs 15:22

A probate lawyer serves as a counselor helping you look ahead into the future and create a plan for success.

When do I need to hire a probate lawyer?

If you have been named the executor of a will it is a wise idea to consult the advice of a probate lawyer to make sure that you are prepared to handle the affairs of the estate properly. You may also need to hire a probate lawyer if you are a beneficiary of a will in conflict with the executor on how the estate should be handled and need estate litigation. Lastly, if you have not yet written a will and testament for your own affairs you may wish to consider talking to a probate lawyer on how to plan for your future.

Do I need to hire a probate lawyer if there is no will?

Even in the case of there not being a will for the estate a probate lawyer can assist the personal representative of the estate deal with the affairs of the estate and carry out the probate process.

The post What Does A Probate Lawyer Do? | Gary Crews first appeared on Gary Crews | Tulsa Probate Attorney.

If you’re in Tulsa or the surrounding areas, we invite you to work with Gary Crews probate attorney Tulsa. With years of experience, the team here will be able to provide you with top-notch legal services that you won’t be able to find elsewhere. We focus on establishing a strong relationship with each of our clients so that we know how to help them get the results that they want.

Probate is a comprehensive process by which an individual arranges for the transfer of his or her assets after their death. Our probate attorney Tulsa team has a plethora of experience handling every kind of probate situation.

We guarantee each of our clients that we will do all that we possibly can to bring them great results.  If you’re looking for a probate attorney, come work with our probate attorney Tulsa team. We believe that having a skilled and experienced probate attorney can be indispensable. Here are just a few reasons you should consider working with us:

Probate Law Can Be Confusing

Losing a loved one is a difficult process all in itself, so no one wants the weight of having to deal with confusing probate law. Hiring us as your probate attorney Tulsa team will keep you from having to try and figure everything out on your own. With our years of experience, we’ll be able to efficiently guide you through the process and answer any questions that you might have.   

Avoid Family Conflict

When dealing with estates, conflict can often become an issue. When a professional probate attorney isn’t calling the shots, the process can become overly complicated. Multiple family members might be trying to manage the process at the same time and things can easily be missed. Only a professional probate attorney can quickly and confidently navigate the process, thus increasing the odds that you will receive satisfactory results than if you or your loved ones tried to go at it alone.

Additionally, if one family member is managing the process, blame could be shifted to them if things don’t go as planned. This could result in a lot of unwanted tension and conflict in the family that could have been avoided by taking the time to hire a professional probate attorney that is already well versed in the probate process.

Our probate attorney Tulsa team can handle the situation so that you and your loved ones don’t have to. We want to make the process as smooth and seamless as possible for both you and your family. We do everything that we can to help you and your family throughout this process by bringing you a professional and quality service. We get the job done to the best of our abilities!

Don’t Overpay

When dealing with the debts of a loved one that has passed away, you might need to present legal documents that prove to the creditors that the person who held the account has indeed passed away. Our probate attorney Tulsa team knows that in these kinds of situations it can be really easy to accidentally overpay, underpay, or pay via an incorrect method.

When taken care of by a professional, you save yourself a lot of time and headaches by not having to try and figure all of the details out on your own without any kind of support from a professional legal team.

Our probate attorney Tulsa team have gone through the probate process countless times and know all of the ins and outs of taking care of these situations. We make sure that our clients are confident in and fully satisfied with the services that we provide.

We ensure that we are through every step of the way. We have systems in place that help make the process orderly and effective. You can have confidence when you choose to work with us as your probate attorney Tulsa team. We love what we do and this comes through strong in the way that we do our work!

Avoid Lawsuits

Unfortunately, the probating process can often result in lawsuits when family members do not agree with the process in place. Lawsuits are extremely time consuming and can cost thousands. Not only this, but they are taxing mentally and emotionally as well. When things are convoluted due to a family member trying the manage the process, lawsuits become far more likely.

Our probate attorney Tulsa team wants you to have the smoothest probating process out there. That is why we always recommend that you seek professional help as you are dealing with the probating process.  Having a trained and certified lawyer working with you is the best way to avoid all of the messiness of a lawsuit.

Because a lawyer is trained in the procedures and steps that are necessary, they can go through the process in an orderly fashion that ensures that everything is going the way that it is supposed to. Our probate attorney Tulsa team has dealt with numerous probate cases and knows how to minimize the likelihood of any kind of lawsuit.

We work with you and make sure that you and your loved ones understand the steps that we are taking to assist you. When you have questions, our probate attorney Tulsa team is always ready to stop and explain things to you before we move on. If you aren’t satisfied, our team isn’t satisfied. We make sure that we prioritize your priorities so that we can get the kind of results that you are looking for every time.

We hope that you have learned a little bit more about the probating process, and how beneficial it can be to have a professional legal team fighting on your side. Remember, if you or your loved ones are in Tulsa and the surrounding areas, our probate attorney Tulsa team would love to go to work for you! Please feel free to reach out to us with any questions that you might have about the probating process.

The post Probate Attorney Tulsa | Gary Crews Law first appeared on Gary Crews | Tulsa Probate Attorney.