An estate planning lawyer, also known as a probate lawyer or estate attorney, is a qualified and experienced law professional with a complete understanding of both federal and state laws that affect your estate. In addition to educating you on the proper procedure for setting up your last will and testament, an estate planning attorney can also assist you in the following areas… Financial Planning. This includes funding any outstanding debts, creating a trust, or funding your college education. Estate Planning Attorneys can also help you deal with creditors or debt collectors.
Making a Last Will and Testament. The last will and testament is the most important part of your estate plan. Without a last will and testament, there can be no will, and there can be no trust. Estate planning attorneys can make sure that your last will and testament do not contain any errors or omissions. They can also assist you in making sure that the rest of your belongings are properly protected, and can make sure that all of your beneficiaries receive their inheritances accordingly.
Making a Power of Attorney. Most will do not include a power of attorney clause. If your will does include such a clause, it is advisable to consult an estate planning attorney, especially if you are mentally incapacitated. If you are under mental incapacitation, your attorneys may be able to protect your assets by using the appropriate language in your power of attorney.
Appointment of Personal Representative. If you do not have a will, or if your will does not name a personal representative, you will appoint one to act on your behalf. In Oregon, appointing your personal representative is usually done through the Department of Revenue. However, if your estate planning attorneys know what steps to take in your particular case, they may be able to use other means to get your assets probated and distributed to your family members without declaring you incapacitated.
Payment of Claimed Property. If you die intestate (without a will), you may not have enough assets to pay all of your debts and expenses. If this is the case, your estate planning attorneys can make sure that your remaining assets (including those that would not be exempt from probation) are properly distributed to your beneficiaries. This helps ensure that your family gets the money they deserve, rather than your creditors.
There are several ways to find qualified estate planning attorneys in your area. You can contact your local bar association, the office of the secretary of state, or request assistance from online directories. However, when searching for a Portland probate lawyer, it is important to make sure you do your research thoroughly and base your decision on qualified professionals who have a proven track record of winning cases for their clients. You should also consider the reputation of your local probate court. Your local probate court is where most probate proceedings take place, so it is critical to choose a local attorney who has been a successful litigant in your area.