Probate Lawyers Play Important Role In Estate Planning And Settlement

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The Role of Lawyers In Estate Planning

For more streamlined estate planning, you need a probate lawyer to help you. The work will involve estate planning and settlement. People hire probate attorneys so someone can execute their last will and testament. You can also hire professional estate executors to find the best estate attorney for you. These lawyers will draft and record all legal documents that involve your property. They do it with the help of the court or estate administration. Estate planning is a long process, so you need all the professional assistance you can get.

Berardi and Associates, LLC is an expert in real estate and estate planning. Our firm can give you the best attorneys for your estate needs. From commercial real estate to farms, Our firm’s expertise will help ensure a smooth process from the date of your first drafting interview through estate administration. We offer a free consultation to help you with your estate concerns. You can call us at (708) 942-8030 from 9:00 a.m. to 5 p.m. so we can answer your queries immediately. You may also view our FAQ page to help with your concern.

What Is Probate?

When settling an estate, probate is a legal proceeding that validates the will. It is the legal way to deal with someone’s property and possessions when they pass away. Your final financial plans are not valid until your estate is admitted to probate, and the court approves the estate administration..

What Is A Probate Lawyer?

Probate lawyers are also known as estate attorneys. They work with estate executors and the beneficiaries of the estate. They help set up the affairs of the decedent.

They help in different ways, depending on what needs to be done with your estate. Your attorney’s involvement may depend on the value of a decedent’s assets. Getting an attorney involved will help with both testate (with a will) and intestate (without a will) situations. Attorneys will ensure that the probate process is made clear to any heirs or beneficiaries and that all estate assets are properly accounted for before the court. They also ensure that the wishes of the decedent are carried out as closely to the letter of their will as possible

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Types Of Probate Lawyers

2 Types of Probate Lawyers

• Transactional Lawyers

Transactional attorneys are helpful in situations when decedents do not leave a Will. They need to appoint an estate executor to assist you with your estate settlements.

Their typical duties include sending a letter to the creditor. The letter must have the affidavits for real estate transfer. It must also show the draft, which is consent to transfer to another financial account. This type of attorney also files the final tax returns.

• Probate Litigators

You will need probate litigators in a situation where someone contests the Will.  They defend the estate, especially if anyone files a case during probate. Hiring a probate lawyer can be helpful when families need to mediate. This is when the families talk about the distribution of the inheritance property.

Probate attorneys can handle both transactional and litigation work. Before hiring an attorney, ask yourself, “What exactly are you looking for?”  You must have a list of things you can check with your attorney before hiring them. Keep in mind that this situation involves an estate settlement. It is best to hire a lawyer you know you can trust.

The Importance of Probate Lawyers

There are different factors you need to consider when hiring your probate lawyer. This type of case takes a long time and has a long process. Make certain that the person you hire is patient and understanding of your situation.

• Hire Someone With Experience

This work requires a lot of physical and mental strength. If you are the type of person who prefers to do things alone, this is not one of those things. In cases involving an estate, do not hire the first lawyer you see on the internet.

Examine their credentials as well as their testimonials. This will help you decide whether to hire them or not. If you hire a lawyer that shows little compassion, it makes the process more unbearable.

• Have A Strategy Ready

Did you know you can avoid probate by having an estate plan in place before death? This is where trusts come in. People usually create a trust  when their estate value exceeds $100,000. Those with small estates can still protect their assets, though. There are “payable-on-death” and “transfer-on-death” benefits that an experienced estate planning attorney can discuss with you.

• The Search For The Best Lawyer

Look them up on the internet, and it will give you many suggestions for probate lawyers. Here in Chicagoland, Berardi Law Office is the expert in estate planning.

You may check the American Bar Association website to look for lawyers that work best for you. Ask your friends, family, or any relatives for a recommendation. This will save you time and reduce your frustration in your search for a probate attorney.

Revocable and irrevocable trusts, living and special needs trusts—we can handle it. Berardi Law Office has estate planning attorneys you can rely on for various trusts. Putting the proper trust in your estate plan can ensure that your properties are in good hands. Your relatives will receive your assets upon your death. Trusts are more complicated than Wills, so hiring an attorney who knows their way around is a must.

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Protect Your Assets With A Probate Lawyer

How Does Berardi Law Office Protect Your Assets?

1. Last Will and Testament

We can create your last will and testament here at Berardi Law Office. You can distribute your assets according to your liking. We can also make a will covering your business, minor children, and pets. The attorneys at our firm can also include a residue clause in your Will. This clause empowers the executor to distribute assets that you own but are not listed in your will. This is beneficial for people with small investments. If you make large purchases after creating the Will, you can continually update it. Visit Berardi and Associates to help you update your Will.

2. Trusts

Revocable and irrevocable trusts, living and special needs trusts—we can handle it. Berardi Law Office has estate planning attorneys you can rely on for various trusts. Putting the proper trust in your estate plan can ensure that your properties are in good hands. Your relatives will receive your assets upon your death. Trusts are more complicated than Wills, so hiring an attorney who knows their way around is a must.

3. Powers of Attorney

Berardi and Associates, LLC, can create binding powers of attorney. What does this mean? If you become incapacitated, you can have someone help you make decisions. Whether it is in the aspect of health care or finances, you might need someone who will help you later on.

4. Advanced Directives

Our firm can make a draft of advanced directives for you. This is a legal order that determines your future medical care. A notice will name a person who can make decisions on your behalf. This is a process that needs to be clarified for most clients. Choosing the right advanced directive can take time and effort.

5. Providing For Your Loved Ones

A lot of people invest and save for their future as well as the future of their families. With an estate plan, you can protect your assets and care for your loved ones. It will give you the estate planning documents you need to make sure you and your family are taken care of.

These documents are essential. They are only valid with the help of licensed estate attorneys. You cannot create them yourself.

Protect the future you are trying to build by having a wise strategy as early as now.

List of Services We Offer

  • Bankruptcy
  • Business Law
  • Estate Planning
  • Personal Injury
  • Real Estate Law
  • Traffic Tickets

Finding the right lawyer can be exhausting. You can conduct interviews with different attorneys and still need help finding the right on. Berardi and Associates, LLC can assist you with real estate and estate planning. Get the best advice from the best experts in estate planning here in Chicago. You can find us in Homer Glen and Chicago, Illinois.

You can reach our Homer Glen office at (708) 942-8030. Visit us at 14919 Founders Crossing, Homer Glen, Illinois 60491. If you have any estate planning questions, you can also contact us via email. We are open from 9 a.m. to 5 p.m., Monday through Friday. Read our clients’ testimonials to learn more about how we provide our services. To learn more about our team, visit our Facebook page and LinkedIn profile.

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Frequently Asked Questions

What Role Does Probate Play?

The significance of probate is that it legalizes a will or the executor of a will in transferring property in the name of the individual to whom the property is supposed to go (Beneficiary)

What Is the Role of a Probate Attorney?

A probate attorney is a lawyer who can assist the executor of a will (if one was appointed) or the beneficiaries of an estate as they work to settle an estate through probate.

Does Probate Reveal The Value Of An Estate?

Yes, the value of an estate is stated in a Grant of Probate. After the probate registration is done, the executors will have properly valued the estate and filled out any inheritance tax forms.

What Are the Advantages and Disadvantages of Probate?

Pro: The probate process gives heirs plenty of time to get used to the idea that they will be getting an inheritance. It also allows for plenty of time for challenges to be presented.
Con: Your beneficiaries will have to wait for their inheritance. Throughout the process, your executor must work on your estate.

What Is the Probate Process?

Probate is a legal process that is sometimes required following the death of a person. It entails obtaining a Grant of Representation from the Probate Office. Once it is given, the person who asked for it can access the deceased person’s assets and give out their estate.

What Is the Probate Procedure?

Probate is the legal process of distributing your estate in accordance with the provisions of your Will. The executor named in the will must apply for a Grant of Probate in order to legally distribute the deceased’s assets.

Is Probate Synonymous With Power Of Attorney?

Power of attorney and probate are not the same thing. This can be perplexing, and we frequently hear people claim that they don’t need probate because they had power of attorney for the person who died. However, this is not how it works.

What Authority Does Probate Have?

If you are named as an executor in someone’s will, you may need to apply for probate. This is a legal document that tells you how to divide the estate of a person who has died based on what was written in their will. You do not always need probate to deal with an estate.