FAQs to Ask a Probate Lawyer

Probate lawyers are used for creating wills and planning trusts for people that want to leave an inheritance behind for their family members or relatives. Besides creating trusts and wills, a probate lawyer is also an expert at asset protection, powers of attorney for medical issues and filing documents in probate court. Probate lawyers also deal with income tax issues and so much more.

Q. Can you change a will?

 A. Yes. If the person who filed the will is considered to be competent, he or she can file a brand new will or “codicil” for dispensing of the property. In many cases, a state can change a will after a couple divorces or separates.

Q. Can I have a guardian appointed for my children in the will that I create?

A. Yes, this is a great benefit that a will can offer you. However, the court system isn’t considered to be bound by the guardian that is named in your will. It’s still a great way to make your intentions known, just in case you pass away when your child is still young.

Q. Can I appoint multiple people as representatives in my will?

A. Yes, you can appoint more than one representative, or co-representatives, in your will. This decision shouldn’t be taken lightly, because multiple co-representatives can possibly create conflicts if a will is contested. The decision to appoint co-representatives should be considered carefully.

Q. Is the representative that I choose required to live in my state?

A. Not always, the regulations for personal representatives vary from state to state.