There are three primary types of lawyers who work with estate law: probate lawyers, estate lawyers, and probate litigation lawyers. While they both work in the same area of law, probate lawyers handle the probate process after an individual passes away, while estate lawyers help living clients set up wills, trusts, or other estate planning documents before their death. And probate litigation lawyers handle the disputes that arise from the creation or administration of an estate.
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What is a probate lawyer?
A probate lawyer helps an executor or administrator to administer an estate after someone dies.
In some situations, a probate attorney may simply serve in an advisory capacity, while in others, they will take a more active part in the administration of the estate, depending on your needs. Your role, and the role of your probate lawyer, will depend, in part, on whether the decedent left a will.
What is an estate lawyer?
An estate lawyer is a legal professional who assists people in planning their affairs to ensure the administration of their estate goes smoothly.
Estate lawyers ensure that a client has documented their wishes so that they may be carried out after their death, including through wills and trusts. They also advise people on how to save money on inheritance taxes and probate costs, what type of trusts are best for them, and other legal matters related to estates.
What is a probate litigation attorney?
Probate litigation attorneys are lawyers that represent clients in contested probate court proceedings to resolve disputes such as will and trust contests, breaches of fiduciary duty by executors and trustees, and contested personal representative appointments, and if those matters cannot be resolved to take those cases to trial.
Looking for legal representation? At RMO, we protect people like you everyday.
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RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation
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