Educate Yourself About Law

A Guide On The Work Of Deceased Estates Lawyers

by Erika Reed

A deceased estate lawyer is a professional that helps out with the estate planning and probate process. This guide describes some of the essential services that a deceased estate lawyer provides. 

Creating Wills

A will enables you to bequeath your property to close family and friends. Your lawyer will evaluate your situation and advise how to structure your will. Typically, they will appraise your assets to determine their current value. Besides, they will inform you what you can or cannot include in the will. For instance, you can only include your shareholding of joint assets in the will. The lawyer will also make it hard for beneficiaries and third parties to dispute the will. For example, you could have a no-contest will. Alternatively, you could include an explanatory letter detailing why you left some people out of your will. 

Setting Trusts

Your deceased estate lawyer will help you create trusts to manage your property. Consider the following when creating trusts: 

  • Know what to include in the trust. For example, you could put appreciating assets and cash in a trust.
  • Choose an appropriate trust. For instance, a charity trust allows you to donate a portion of your wealth to charitable organisations. An irrevocable trust cannot be changed by the testator, trustees, or beneficiaries.
  • Your will should have clear terms. If not, disputes will arise between the beneficiary and the trustee.
  • Make your will watertight. For example, you could have an appointor to dismiss a trustee that mismanages the trust. 

Power of Attorney 

A power of attorney is a legal document that grants an agent the right to make medical, financial, or legal decisions when you are incapacitated. When drafting the document, the lawyer will define the mandate of the agent. For example, you could give the person the power to make medical decisions but limit their powers regarding your finances and legal issues. 


Once you die, the lawyer will produce your will and explain the terms of the will to the beneficiaries. Additionally, they will help the executor apply for probate, settle your debts and share out your property. If someone contests your will, the deceased estate lawyer will represent your interests and those of the estate in court. 

A deceased estate lawyer will help you create a will, set up trusts, draft power of attorney and file probate. As a rule, your deceased estate lawyer should have adequate experience in the field. Additionally, the professional should be licenced to work in your state. 

Contact a local deceased estate lawyer to learn more.