Need to Setup a Will or Trust? Find a Lawyer Who Can Challenge and Defend Them
Having a will is the best way for you to protect your estate once you’re gone and ensure that it is put into the right hands. However, too often, estate owners stop the process at the setup of the will. You need to make sure that there are qualified attorneys in place to protect your estate and defend your will when you cannot. That’s where probate lawyers come in.
What is a Probate Lawyer?
A probate lawyer is an attorney who specializes in defending and challenging your will. They make sure that once you have an established will or trust setup, your wishes are followed.
Usually, the same lawyer who helps you draft your will can double as your probate lawyer, but this is not always the case. You’ll want to check with the attorney helping set up your will to see if they also work in probate law.
Do I Really Need a Will and a Probate Lawyer?
Before your family or loved ones need a probate lawyer, you need to have a legal and valid will set up. There’s a popular false assumption that attorneys aren’t necessarily needed in drafting a will and that individuals can do this by themselves.
While it is technically possible to draft a will by yourself without the help of an attorney, it is highly inadvisable. Without the help of an attorney verifying the legality of your document, you risk your will not being followed after your death and your estate falling into the wrong hands.
After you set up a legal will or trust, your executor or trustee can then hire a probate attorney when the time comes. This attorney will make sure that everything stated in your will is followed in your absence. A probate lawyer is the best way to make sure that your interests are looked after. Hopefully, you can find an attorney who works in both wills and probate, as this is the ideal scenario. If not, you can still hire a separate probate attorney to verify your will and ensure that it’s followed.
How Expensive Will This Process Be?
The cost of hiring an attorney to help you throughout the will or trust setup and implementation or defense process will vary. You can expect to see flat rates from attorneys while drafting and legalizing your will, as most wills take about the same amount of time to create.
For probate, attorneys often charge by the hour for service or take a percentage of the estate they’re representing or defending. All of these factors will vary depending on the attorney you work with, but regardless, you’ll want to agree to payments up front so you know what to expect.
Waters Sullivan: The Right Attorney For You
Finding the right attorney to walk you through the will or trust setup and defense process is crucial. You’ll want to find a lawyer with professional experience and one who will handle your case with care.
As part of the Estate Planning and Probate Law arm of the Five Points Law Group, Kristin Waters Sullivan and her support staff are equipped with the expertise needed to successfully maneuver legal hurdles, even complex probate matters. Protect your future, and have a plan— your loved ones will thank you. Find out if we’re the right fit for you, and contact us today!