Probate Issues

The Probate Attorney

When someone dies, it becomes necessary to legally "wind up" their financial affairs. That is, someone must collect the assets, pay any outstanding bills and taxes, and then distribute any remaining assets to the heirs. This process normally requires the services of a probate attorney.

The probate attorney’s job is to prepare and file all of the necessary papers with the applicable probate court to set up the administration of a victim’s estate. The probate attorney ensures that a Personal Representative for the victim’s estate is appointed and, together with the probate court, they oversee the collection and appraisal of the estate’s assets and bills.

In many states it is necessary to appoint a Personal Representative before any wrongful death claim can be filed. The claim is brought in the name of the Personal Representative who "represents" the interests of the entire group of family members and heirs who are entitled to the proceeds of a wrongful death suit.

Your wrongful death attorney works with your probate attorney to help collect any life and accidental-death insurance proceeds and immediately distribute those proceeds to the beneficiaries. The distribution of insurance proceeds do not have to be approved by the probate court. We do not charge for our assistance in identifying, locating, or collecting life or accident insurance unless these matters must be litigated.

Together, your wrongful death attorney and your probate attorney also gather financial information which is used to help wind up the estate, as well as to establish the financial loss that the family has suffered and will suffer as a result of the incident and its aftermath.

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