Attorneys involved in the executing of the estate of a deceased person based on their will are known as probate attorneys. Probate law governs the process by which heirs, creditors, and courts are notified and validate the desires of the will of the deceased. Probate attorneys specialize in this field. Probate attorneys are divided into two classes: transaction lawyers and probate litigators.
Transaction lawyers are hired to help execute the estate of the deceased. This means the lawyer distributes property, funds, and other wishes as dictated in the will of the deceased. The lawyer will inform the heirs and family members of the estate of what they are to receive or to manage.
Probate litigators are brought in by the family members of the deceased to either dispute the appropriation of the estate or to clear up the wording of the will so that it is more comprehensible. These lawyers may also help family members file suit to become the executor of the estate, obtain property, or contest the decisions specified in the will.
A probate attorney can also be hired to help someone draft a will. In this capacity, the lawyer creates a legal document which will determine what properties are left to whom, who becomes the executor of the person’s estate, who becomes the parental guardian of the person’s children if younger than adult age, or other information to be relayed to family members after the person has died.
Call the Law Offices of Gregory A. Ross, PC, at 940-692-7800 if you have questions or are in need of a probate attorney.