What is an estate planning attorney? Well, it doesn’t take a genius to parse out the answer, for the answer is in the name itself. An estate planning attorney (which is also known as a probate attorney) is a lawyer that assists clients with planning their estates. But what is it about those estates do estate planning lawyers help to plan? Among other things, estate planning attorneys help their clients to create will, determine beneficiaries, establish power of attorney, and secure asset protection solutions.
In the event that the executor of an estate passes away, an a good estate planning attorney or probate attorney will enforce the will using estate and business law. Given the complexity of real estate and probate law — especially when a wealthy executor is deader than a door nail — it takes a really good estate planning lawyer to navigate the circuitous maze of probate law.
When any questions arise regarding a specific estate, a probate court judge will determine if a will or estate plan is legitimate. In the case that a previously authenticated will or trust is challenged by a third party, sometimes a probate attorney will help to file an appeal in hopes of overturning certain aspects of a will. Basically, the attorney will try to find flaws regarding certain factors that could render all or part of a will invalid.
For instance, if an older man who has just about lost his marbles suddenly decides to change his will at the age of 98, and transfer all of his assets to the 23 year-old wife he just met early last week, this might be grounds for challenging the will. However, the attorney will have to show that the older gentleman was not playing with a full deck at the time, and perhaps that he was manipulated by a gold-digging young wife.
While that is a pretty extreme example, these things do occur. In fact, a similar case involved the late Anna Nicole Smith and her elderly oil baron husband whom she obvious married for his fortune. Nonetheless, the above scenario does show on instance where a probate lawyer might be needed, and also helps to answer the question “What is an estate planning attorney?” Visit here for more.