Category: Lawyer

Functions of a Probate Lawyer

What are Probate Attorneys? -

Estate planning and probate can become a complicated matter, especially if there are people contesting for the property. So, it is a good idea to get help from a probate lawyer.  However, people may be unaware of how a lawyer can help when it comes to estate planning. Here are the basic functions of a probate lawyer and when you need to get one involved during your estate planning.

What is a Probate Lawyer?

In essence, a probate lawyer is one who helps the executors of the estate manage the whole probate process. They are sometimes referred to as estate or trust lawyers. Probate lawyers can also help with the estate plan itself—for example, drafting wills and giving advice on the powers of attorney. They can even be the administrator themselves. 

Main Roles of the Probate Lawyer

A probate lawyer’s role depends on whether the deceased had a will and testament prepared beforehand. If the person had a will, the lawyer can be hired to advise all of the parties involved and help in the distribution of the property. They can also double-check if the will wasn’t signed or if it was written against the best interests of the one who passed away. This is because certain individuals may be coerced and influenced into making an unfair cut on the estate. These people are typically the elderly or those with mental disabilities.

Meanwhile, if the deceased wasn’t able to prepare a will before their passing, the person will be considered to have died “intestate.” This means that the estate will be distributed according to some intestacy laws where the person lived. These intestacy laws vary from state to state. They will be followed regardless of the deceased’s wishes. The probate lawyer’s role here is to assist the administrator to distribute the estate according to the intestacy laws of the state.

Other Roles and Functions of Probate Lawyers

Besides transferring the estate and interpreting the law, probate lawyers can also help with other aspects of the probate process. They can handle the payment for any outstanding debts the deceased had and resolve any previous tax issues. Probate lawyers can even handle the collection of the proceeds from life insurance policies. They also should be the ones to prepare and file the necessary legal documents being required by the probate court.

When You’ll Be Needing a Probate Lawyer

Although having a lawyer on board throughout the probate process is good, it’s not always necessary to do it. There are certain instances when the process can continue without having to get a lawyer or a probate court involved. If you’re unsure if you need to get a lawyer for the probate, you can ask yourself the following questions:

  • Can the estate be transferred without probate? – This would usually be the best-case scenario for people. If the deceased had any probate-avoidance planning before their death, then their estate can be transferred without any probate.
  • Are the family members getting along? – Family

Spousal Support

Divorce proceedings can be initiated in two ways with a lawsuit or a proposal for an amicable divorce. A proposal for a consensual divorce is submitted when there is the consent of the spouses on all significant issues that are of influence for the divorce. Toronto family law firms is the right place for such cases.


Significant issues for divorce are trust of children, alimony and division of property, a lawsuit is filed when there is no agreement on these issues. Spouses can initiate proceedings alone or through a lawyer. If the parties decide that their lawyers represent them, the power of attorney must be certified by a notary or consular office in case the certification is done abroad. If you need legal assistance in divorce proceedings, you can contact a law firm.


The basic courts are really competent in divorce proceedings. The application for divorce, regardless of whether it takes the form of a lawsuit or a proposal for an amicable divorce, is submitted to the locally competent court according to the residence of the defendant or according to the last joint residence of the spouse.


Spousal Support


As for the amount of support in the case of an agreed divorce, it can be freely determined in compliance with some legal minimum. This means that it is possible that even someone who has a large income pays very little alimony, the court will respect the rights of the supporter by not allowing an agreement in which alimony is below the minimum amount of alimony. The minimum amount of support is the amount that is periodically determined by the ministry in charge of family protection, in accordance with the law. In practice, this means that the court will not allow agreements in which the maintenance is below the minimum amount.


Agreement on the division of joint property


Regardless of whether the proposal for an amicable divorce proposes joint or independent exercise of parental rights, it must also contain an agreement on the division of joint property if the spouses own it.


When dividing property, it is a practice to include in the proposal for consensual divorce more valuable property about which some written records are kept, such as real estate, motor vehicles, savings deposits in banks, shares in companies, etc., while items of lesser value that are not recorded, such as furniture, furniture, small cash and personal belongings of the spouses, are in fact divided without inclusion in the divorce agreement. It is necessary to enclose written evidence of the property to be divided in the agreement. If the property is divided by agreement, it avoids a lengthy litigation where the court would determine the share of the joint property and where the contribution of each parent in acquiring the property must be determined, which can take years.


As for the duration of the court procedure, the legal deadline for scheduling a hearing is 15 days from the submitted proposal, however, in practice, due to the workload of the courts, …