Estate Probate Attorney Lawyer Argentina

Estate Probate Attorney Lawyer Argentina

Estate Probate Attorney Lawyer Argentina

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Estate Probate Attorney Lawyer Argentina

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What is a Probate Lawyer and What Do They Do?

Attorneys Who Help Settle Estates Through Probate

Estate Probate Attorney Lawyer Argentina

A probate lawyer is a type of state-licensed attorney who, through years of mentoring, continuing legal education and experience, understands how to advise Personal Representatives, also known as Executors. Likewise, the beneficiaries of an estate are assisted on how to settle all of the final affairs of a deceased person, known as a decedent.

What Does a Probate Lawyer Do?
To begin with, a probate lawyer, also known as an estate lawyer or an estate attorney, is responsible for taking a Personal Representative through the entire probate process from start to finish.
In fact, all of the steps involved in probating an estate depend on the probate laws of the state where the decedent lived at the time of death as well as any other states where the decedent owned real estate. For instance, in Argentina, there are two different types of probate processes allowed by provincial law.  In particular, they depend on the value of the decedent’s probate estate and how long the decedent has been dead:

Understanding Argentina’s Simple Probate Process: Summary Probate Administration

Argentina Formal Administration – How to Open a Formal Probate Estate in Argentina

The steps required for probate will also differ based on whether the decedent died testate or intestate. Specifically, testate means with a valid Last Will and Testament. On the other hand, intestate means without a valid Last Will and Testament. Therefore, the probate lawyer must be well versed in the probate laws of the states where the lawyer is licensed to practice.

Note that a probate lawyer can also advise the beneficiary of an estate on legal and other matters the Personal Representative presents to the beneficiary during the course of the probate process.

Furthermore, this can happen if the beneficiary doesn’t get along with or know the Personal Representative very well.

Also, note that some probate lawyers specialize in representing Personal Representatives and beneficiaries of an estate who become involved in separate lawsuits related to the decedent’s estate. Even when a beneficiary challenges the validity of the decedent’s Last Will and Testament through a will contest.

In addition, these types of attorneys are known as estate litigators, probate litigators, or estate and trust litigators.

Probate Attorneys Argentina

Probate Attorneys Argentina

How a Probate Lawyer Advises and Assists a Personal Representative

Most importantly, when representing the Personal Representative of an estate, the probate lawyer will advise and assist with the following:

Locating and securing both probate assets and non-probate assets
Obtaining date of death values and appraisals of all of the decedent’s property
Preparing and filing all documents required by the probate court in a timely manner
Collecting life insurance proceeds
Rolling over and making appropriate elections with regard to retirement plans.
Advising on the payment of the decedent’s final bills and outstanding debts
Keeping track of the estate checking account
Determining if any estate taxes and/or inheritance taxes will be due at the federal and state levels. In that case, figuring out where the cash will come from to pay the taxes
Addressing income tax issues
Settling disputes among Personal Representatives and beneficiaries

Assisting with the sale of estate property

First, requesting court permission for various actions -if applicable- by the state probate laws
Second, retitling the decedent’s real estate into the names of the estate beneficiaries if it is not being sold
And last, distributing the rest of the decedent’s assets after the payment of bills and taxes to the beneficiaries

Estate Probate Attorney Lawyer Argentina

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