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5 Main Reasons to Hire An Estate Attorney Before Divorce Proceedings
October 27, 2023
Christina Sammartino

The Law Offices of Christina Sammartino Can Help You Navigate Matters of Estate Involved In a Divorce 

Divorce is no doubt a trying time for anyone involved, an estate attorney can help ease the stress involved with the legalities and financial burden of such an unpleasant undertaking. An estate attorney is responsible for making sure the process of divorce goes through with as little rockiness as can be concerning what assets go to which person and how to keep their client as financially and legally secure as possible. Moreover, legal documents and their jargon can be extremely difficult for the average person to understand and estate lawyers can decode that for their clients.

Up-to-Date Paperwork 

One important reason to hire an estate attorney before a divorce proceeding is to ensure legal documents are up to date. With the onset of the divorce, documents need to be adjusted to remove or redirect funds and trusts now that the partners have gone their separate ways. Moreover, with the divorce, each party’s financial situation will change and thus both parties might wish to adjust any such documents to lessen the sting of probate and estate taxes.

Legal Compliance 

Next, it is important to hire an estate attorney during a divorce to keep up with legal compliance. No doubt trust and probate laws are often notoriously incredibly difficult to navigate for the average Joe. Furthermore, these tax and probate laws differ with each state and are ever-changing. Of course, there are online courses and books to help navigate these difficult laws hiring a reputable estate attorney can greatly reduce the chance of mistakes on these documents. Moreover, supposing you properly fill out the extensive paperwork involved in estate and probate, tax forms that doesn’t take into account future changes that may affect you. An estate attorney will monitor these fickle estate and trust laws to correctly phrase their legal wording to adhere to these laws.

Estate Planning Documents

Perhaps the next reason to hire an estate attorney is to navigate the often complex legal jargon involved in estate planning documents. Doing it yourself can come with the problem of these documents not meaning what they say. A learned estate attorney can correctly decipher the difficult-to-understand documents as they deal with such legal languages daily. Trying to undertake such legal complexities can result in funds, assets, and trusts being improperly allocated. Any money saved by attempting to go solo will wind up having to be done over she filed with a professional anyway.

Customized Documents

The fourth reason to hire an estate attorney before a divorce would be to see to it that you get things the way you want them done as far as wills, trusts, and assets. Do-it-yourself documents cannot often be customized to these important documents and thus can’t be tailored to meet your unique situation. Also, these do-it-yourself documents aren’t often able to take into account things like splitting assets from a business or trusts from a disability fund. One last thing these personally done papers lack is a notarized witness signature, they are more capable of being contested in a court of law.

Expert Legal Advice

The final reason one should employ an estate attorney in the event of a divorce is sound legal counsel on decisions concerning estate matters. An experienced estate litigator can make sure that all documents are comprehensive in covering the client’s unique needs and wishes. Also, they must make sure to into account documents that cover independent designations for beneficiaries, and detect loopholes and tricky legalese that belie their client’s desires or could financially, and legally wound them later on.

Divorce is unpleasant all by itself and the added stress of financial and legal responsibilities can be lightened by a respectable estate attorney.  These five reasons discussed above are of course just the most common reasons one would decide to hire an estate attorney during a divorce. In a nutshell, each reason involves an attorney with the know-how to correctly read and decode the complicated legal phrasing of estate paperwork. Moreover, a property-trained estate attorney has the expertise to properly fill out all the documents involved in a divorce where matters of assets, and estates are concerned.

Hiring an Estate Attorney

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