An estate administration lawyer helps a person or entity, such as an executor of a will or beneficiaries, administer and settle the affairs of someone who has passed away. This includes helping to find and inventory assets, pay any debts owed by the estate, and distribute the final belongings to beneficiaries as distinctive in the decedent’s will or by the law of intestate succession.
In addition, an experienced estate planning attorney can help you determine if probate is necessary or not, and what strategies to use to avoid it. They can also help you prepare and execute a comprehensive estate plan that clearly states your wishes and minimizes taxes.
The Role of an Estate Administration Lawyer: Ensuring a Smooth and Efficient Distribution of Assets
During the estate administration process, a lawyer can help the personal representative or administrator comply with all legal requirements and responsibilities, including reporting to the court on a regular basis. They can also help resolve disputes, such as those involving the interpretation or application of California’s probate laws.
To qualify as an estate administrator, a person must be over the age of eighteen years, a United States citizen, and never have been convicted of a felony. In addition, they must be willing to work on a commission basis and must not have any financial conflicts of interest with the estate. They must also sign a statement that they will not engage in self-dealing or other prohibited activities.
An estate attorney can also help you avoid litigation by preparing and filing the required legal documents. They can help you make prudent investments and manage your estate to ensure it is preserved until it is distributed to beneficiaries. They can also assist with tax planning to minimize the estate’s tax burden and the impact of federal and state gift, transfer, and generation skipping taxes.