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What is a probate attorney and why you need one.

Updated on May 9, 2016

Simply put a Probate Attorneyis an attorney that handles the last will and testament for a deceased individual.

Basically a probate lawyer is an estate or a trust lawyer.

This legal process occurs whether or not a living will or trust was set up before the individual passes away.All of this can be simple and straightforward or it can be confusing and complicated and depemds on the efforts put forth before the individual passed away. Family disputes can arise it the will is not clear and concise.

Situations where legal counsel is needed are the following.

A significant amount of property left to a minor who needs to have a guardian appointed;

A spouse disputes property said to be community property;

Any debts or unfinished contracts, such as the sale of a business that wasn’t completed; or

Ambiguities in the wording of the will;

You don’t necessarily have to turn the whole process over to an attorney. You only need advice and a review of the documents that were prepared. If you are unsure you need to get legal advice, and you may decide to just let a lawyer do it.

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