How Estate Attorneys Fulfil Their Duties


By: HeirSearch.

In addition to accounting for all of the Willmaker’s assets, inventory, tangible, and intangible assets, an Estate Attorney’s duty includes ensuring the smooth transfer of said assets. Aligned with their client’s wishes, the role of an Estate Attorney is to lend their legal expertise in the client’s best interests.

Drafting essential documents including the Last Will and Testament

Ensuring the proper drafting, signing, and execution of estate documents is a central function of an estate attorney. With intricate knowledge of Will making and its legal provisions, Estate Attorneys offer advice on what a Will should comprise and what options are available to Willmakers.

Assisting with financial planning 

Estate attorneys also provide their clients with the appropriate economic instruments and tools to educate them on tax liability, transfers of assets, rate of taxes, and more. Since estate tax laws governing these economic instruments vary by State and change from year to year, estate attorneys must remain attentive and on top of financial news and pertinent legislative updates.

Securing your clients’ assets from creditors 

When creditors lay claim on an estate, a well-crafted estate plan can keep them reasonably at bay. A strong estate plan often has built-in provisions for legal protections that safeguard your clients’ assets from debt collectors.

Creating Power of Attorney documentation

One of the most critical ways estate attorneys help their clients is by facilitating the creation of health care directives. This health care proxy allows an appointed adult to make medical decisions on behalf of the individual if a medical emergency or an accident leaves them unable to communicate clearly or otherwise cognitively impaired.

Creating a Living Will

To review whether a Living Will must be drafted in addition to a Last Will and testament, estate planning attorneys should be aware of all retirement plan beneficiaries, insurance policy beneficiaries, and joint accounts held by the Willmaker. A living Will is different from a conventional Will in that it determines the inheritance of assets and properties. A living Will also expresses desires regarding using extraordinary measures to extend the Willmaker’s life if they become incapacitated.

Helping clients avoid unnecessary legal fees 

Carefully planning and precisely executing a proper estate plan can save your clients time, money, and potential headache. Assisting your clients with timely legal advice can help prevent them from needing to do damage control after your services are complete.

Locating and providing notice to the estate’s rightful heirs

One of an Estate Attorney’s most critical responsibilities is to disperse an estate’s assets – mainly, the duty of locating and notifying heirs and beneficiaries of their inclusion in a Will, legal rights, or entitlement to a share of the estate. Often, the lawful heirs are readily identifiable, and their up-to-date contact information is easily discoverable.

However, it may be challenging to track down a beneficiary’s legal name, location, or whether they even exist in more complex cases. In these instances, the top Estate Attorneys have consistently depended on HeirSearch to efficiently identify and locate missing heirs and beneficiaries helping them provide notice or for distribution.

Do You Need Help Establishing Rightful Heirship?

HeirSearch™ works with executors, administrators, trustees, fiduciaries, bank and trust officers, and their counsel to establish kinship for legal purposes. Since 1967, we’ve completed tens of thousands of worldwide searches.

If you’re facing a challenge of locating a missing heir or beneficiary in an estate matter HeirSearch can help. Our professional researchers help trust and estate professionals through forensic genealogy in identifying and locating rightful estate heirs.

We offer no-cost, no-obligation consultations, court-ready documents, and reasonable, non-percentage-based search fees.

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