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What A Probate Lawyer Does

  • Published: October 25, 2023
Probate Lawyer Knoxville, TN

A probate lawyer is a legal professional who specializes in the complex and often intricate area of probate law, focusing on the distribution of assets and property after an individual’s death. The primary role of a probate lawyer is to guide and represent the deceased person’s estate, known as the decedent, as well as their beneficiaries through the legal process of probate.

Probate is the formal legal process through which the court oversees the distribution of a person’s assets and ensures that debts, taxes, and other obligations are paid from the estate. This process is essential in providing clarity and structure to what can be a challenging and emotional time for those involved. Probate lawyers play a vital role in assisting families and individuals to navigate this process efficiently and ensure that the wishes of the deceased are carried out.

A probate lawyer from Carpenter & Lewis PLLC can assist in creating a will, which is a legal document that outlines the distribution of a person’s assets upon their death. Without a properly drafted will, the state’s laws of intestacy will determine how the estate is distributed, which may not align with the decedent’s wishes. A probate lawyer can help ensure that the will is legally valid, reducing the likelihood of disputes and challenges.

Probate lawyers advise the executor or personal representative of the estate, who is responsible for managing and distributing the assets. This role involves various tasks, such as notifying creditors, gathering and appraising assets, paying debts, and distributing assets to the beneficiaries according to the terms of the will. The lawyer helps the executor navigate the complexities of these tasks, ensuring compliance with legal requirements and minimizing the potential for disputes.

Probate lawyers also play a crucial role in resolving disputes and conflicts that may come about during the probate process. Beneficiaries or potential heirs may contest the will’s validity, claim undue influence, or dispute the distribution of assets. In such cases, a probate lawyer acts as a mediator and advocate, representing their client’s interests and working to reach a fair resolution. This legal expertise helps maintain the integrity of the probate process and protect the deceased’s intentions.

Probate lawyers have a deep understanding of tax laws and their implications on an estate. They can offer valuable advice on minimizing the tax burden on the estate and its beneficiaries. By strategically planning for tax implications, probate lawyers can help preserve more of the estate’s value for the intended beneficiaries.

A probate lawyer is a legal professional who specializes in the intricate and often emotionally charged field of probate law. They guide individuals and families through the process of distributing assets and property after a person’s death, ensuring that the deceased’s wishes are respected and that legal requirements are met. From creating a legally valid will to navigating the complexities of the probate process and resolving disputes, probate lawyers play a crucial role in providing peace of mind and legal expertise during a challenging time. 

September Katje, Esq.

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What Makes Attorney September Katje Uniquely Qualified To Represent You?

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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