An estate planning attorney is often referred to as upon to advise anyone with legal authority over the estate of a person during the entire process of probate (estate court) through the legal process of a lawsuit. In the case that a probate (estate) court judgment is rendered against a named beneficiary (or someone not named as a beneficiary), an estate planning lawyer may be called on to help guide the beneficiary through the process and file a lawsuit against the estate of the deceased. Although it may seem like a difficult and complex task for many, there are actually some simple steps you can take to ensure your loved one is handled in a compassionate and just manner. You can learn more at Amicus Law Firm, Centerville.
In most states, attorneys who practice in the area of probate process are permitted to accept “personal injury” cases in lieu of other types of cases. These attorneys are typically only allowed to handle cases where the named beneficiaries are under the age of 18 and unable to make their own decisions regarding their financial affairs and should not be allowed to work on cases where a person is deceased. However, they must abide by the rules of probate and should not file frivolous lawsuits against the estate and its assets. These types of attorneys are required to provide legal advice and assistance to the named beneficiary. In most cases, these attorneys are required to submit financial information and statements with regard to your family’s financial standing in order to give your loved one the best possible protection. They are also required to be available for consultation fees, in most cases.
It is extremely important for your loved one to have an estate planning attorney if he or she is a beneficiary of a will or trust. If a court is forced to make a probate judgment, this would result in the state having control of the family’s financial affairs. In many states, this is a requirement before a will is considered valid and binding. An estate planning lawyer will help you and your loved one through the entire process and make sure all legal avenues of action are taken care of.
Amicus Law Firm
520 N Marketplace Dr #200, Centerville, Utah 84014
Phone Number: 801-544-6466