When a family member passes away, it is sad and unfortunate. However, it gets worse if that person had property left that needs to get settled. The family members will have to take the duty of getting the property distributed, and therefore they must hire an executor. It will fall into the executor’s hands to get the property distributed and arrange for the funeral. 

Executors do not have the same duties as a will and probate lawyer. Their role and responsibilities start after the individual dies, whereas the lawyer is only essential if there is an already prepared will and estate agreement. However, even the executor needs to hire a wills and probate/estate lawyer to fulfill all the legal duties such as tax work, legal documents, dealing with the court, etc. 

Duties of a Wills and Probate Lawyer

It is always better when an individual drafts a will before dying as it helps the process get smoother and saves the trouble that the family will have to go through. Our Brampton Wills and Estate Lawyer is needed to prepare a will. Our lawyer can scrutinize the will and help in determining whether the signature was consensual or not. They can also offer legal counsel to the executioner or the beneficiaries. 

Sometimes older people with a lot of property get manipulated by the other family members into signing the will agreement. Our lawyer can understand by assessing the will if the deceased person was pressurized or not into signing the will. However, after the person dies, the will is rarely challenged. The challenges or defending are usually done in cases of inadequate witnesses, forgery, or the will provision oppose the law. 

Other roles/duties of the lawyer include:

• Guidance through the process of paying the debt and other bills of the deceased. 
• Filing the paperwork and preparing the documents according to the Probate Court. ‘
• Determining the state taxes, if any, of the estate and land of the owner.
• Managing the property’s checkbook.
• Collecting and controlling the life insurance policies proceeds. 
• Evaluating the property of the deceased thoroughly. 
• Locating and securing all the holdings of the deceased. 

If the deceased did not prepare a will before dying, the property would be distributed based on intestacy rules. Because the government enforces the laws, the distribution will not fall under the Probate of Will. Instead, it will fall under the Administration of the will. 

In case the executor dies before the departed, then the Probate lawyer will apply for ‘Administration of Estate With Will Annexed.’

If the spouse is alive of the deceased without any heirs, the whole property goes to them. If the spouse is dead or the deceased has no spouse, but has heirs, the property goes to them. According to the Law, the term descendants is referred to all the heirs in the deceased’s ancestry. 

It is our wills and probate lawyer’s job to help the Administration distribute the property and assets of the departed without any fights between the family is both the spouse and the descendants are alive. It can get complicated sometimes. 

The responsibilities of our lawyer include:

• Our lawyer can help the administrator like an executioner while following the intestacy laws irrespective of the descendants’ motives, spouse, or the departed. 
• If an individual wish to be the administrator of the deceased’s will, they need renunciations from the departed family. The renunciations are statements affirming the family’s belief in the person and the endorsement of the specific individual being the administrator. 
• Our probate lawyer should handle all the court procedures and paperwork without involving the relatives who are mourning the loss. The lawyer can also help file and deal with the renunciation statements in the court of law. 
• Our lawyers should also help the administrator with probate, such as checkbook management, estate taxes, and finding and securing the assets. 

Types of Wills and Probate Lawyers

Generally, there are two types of probate lawyers – Transactional lawyers who deal with probates’ administrative work and Probate Litigators who represent their clients in probate lawsuits. Our Brampton wills and estate lawyers can work on both sides. Our lawyer specializes in either of the two services you require. 

• Transactional Probate Lawyer –Lawyers who have work experience in trusts and property planning should be hired as a transactional probate lawyer if you need to start the probate process after the estate owner dies. 
• Probate Litigators – The litigator can help you dissolve any dispute involving the will. The lawyers can also represent you in the court if you are unsatisfied with the executor’s decision or work. Probate Litigators can also help you fight other battles regarding the will in the future. 

Always hire our Brampton wills and estate lawyers  as they are experienced and have a vast knowledge of the real estate law. Our lawyers know the government laws and different disciplines. 

Finding good wills and probate lawyers can be exhausting and challenging, mainly if you handle an estate distribution case for the first time. However, doing proper research and analyzing our lawyers, having discussions with them, interviewing them, and finding out about our previous experience and wins may benefit you while making the final decision. 

Most probate cases, litigations, and administrative works are straightforward for the our attorneys. The time-taking part is the paperwork. However, the lawsuits may get complicated when many receivers of the estate or someone raises a dispute. 

If you don’t have an appropriate familiarity with legal matters or financial issues, you should seek legal guidance of our Brampton wills and estate lawyers. 

If you go ahead without relevant knowledge, you may get yourself in serious legal trouble. 

 We have a team of expert estate attorneys that can help you avoid all the trouble and oversee the entire process by themselves while giving you the peace and space you need to mourn the loss. Contact our team of brilliant wills and estate lawyers in Brampton for advice and bookings!