Estate planning attorneys help people plan for the future. They create wills and trusts to manage assets after someone dies. Probate attorneys, on the other hand, handle the legal process of distributing assets after someone has passed away.

Most people don’t have a will, which is why estate planning is so important. Hiring an estate planning attorney can cost between $300 and $1,200. They also help with taxes, which can take up to 40% of an estate’s value.

Estate planning can also prevent family fights by up to 50%. This is because clear legal documents are in place.

Probate attorneys deal with the legal side of things when there’s no plan in place. Probate can take six months to two years. The cost can range from $1,500 to $5,000, depending on the case.

About 40% of estates face disputes, which is why probate lawyers are needed. Without a will, property is distributed by state laws, which can be complex.

It’s important to know the difference between probate and estate planning lawyers. Both are essential for managing someone’s assets after they pass away.

Roles and Responsibilities of an Estate Planning Attorney

Estate planning attorneys help people plan for the future. They guide on managing and sharing assets during life and after death. Their services are more than just making wills and trusts.

One key job is making wills. This ensures assets go to the right people. Sadly, about 60% of Americans don’t have a will. Without one, state laws decide who gets what, which can be very different from what the person wanted.

They also set up trusts. Trusts help save on taxes and protect assets from probate. Probate can take months to years, affecting who gets what. About 70% of people use trusts to protect their assets and make things smoother.

They also create powers of attorney and healthcare directives. These documents let someone trusted make decisions if the person can’t. This planning is key to avoiding financial and medical issues in the future. Most attorneys focus on saving taxes, showing their importance in financial planning.

They also make sure the right people get specific assets, like retirement accounts. This avoids legal problems and helps family members later on. They also work to prevent family fights, which can happen up to 40% less with good planning.

In summary, estate planning attorneys do a lot. They make wills, set up trusts, save on taxes, and plan for the future. Their work ensures assets are shared as wished, giving peace of mind and security to loved ones.

Roles and Responsibilities of a Probate Attorney

A probate attorney helps clients navigate the probate process after someone dies. They handle many tasks to ensure the estate is transferred legally and smoothly.

One key job is to file the will with the court and start the probate process. They gather and list the deceased’s assets, like homes, money, and personal items. They also manage debts and distribute assets to the right people.

Probate attorneys also talk to beneficiaries about the process. They explain how assets will be divided and help avoid confusion. They often help settle disputes among family members, which happens in about 25% of cases.

If there’s no will, the attorney deals with intestate laws to distribute assets fairly. They understand complex laws and manage any disagreements. For example, in some places, a surviving spouse might get everything, but this can change with children or other relatives involved.

The probate process can take from six months to two years, depending on the estate’s size. Probate attorneys offer custom solutions for each case. Their fees can vary, from hourly rates to a percentage of the estate’s value, based on the case’s complexity.

About 60% of people handling an estate have never done it before. This makes hiring a probate attorney very important. Their expertise can speed up the process and prevent costly disputes, showing how vital they are in estate administration.

Takeaway

It’s important to know the roles of estate planning and probate attorneys. They help manage estates in different ways. Estate planning attorneys focus on planning before death, while probate attorneys deal with the legal process after death.

Planning your estate can save a lot of taxes and ensure your wishes are followed. But, about 60% of people don’t have a will. This can lead to assets being distributed in ways you might not want.

Probate lawyers are key when dealing with the legal issues after someone dies. About 70% of estates need probate. They help with taxes, disputes, and make the process faster, sometimes by 30%.

Both types of lawyers aim to make the transition of assets smooth. They help protect your legacy and avoid disputes. Their work is vital for a clear and peaceful estate management process.

If you need a probate attorney or an estate planning lawyer in the Mesa, Gilbert or Phoenix, AZ metro area contact Woods Law Group, PLLC we would be happy to help you.