Finding out your parent’s lawyer is retired or has passed away can be a shock. Your first worry is likely, “Is this will even legal anymore?”
Rest assured, the document is still valid. An attorney’s retirement or death does not change the legal status of a properly executed will.
Will validity vs. the executor’s responsibilities
Your parent’s will is a finished legal document. The drafting attorney’s function was to ensure it properly stated your parent’s wishes and met all legal requirements, like having the right witnesses. That part of the journey is complete.
Upon your parent’s passing, the person named as executor in the will is given the job of settling the estate. This individual is responsible for navigating the probate process, which is the formal administrative path supervised by the court. To gain the legal authority to act, the executor must first be formally qualified by the Register of Wills and be granted a document called Letters Testamentary.
Your new attorney’s role in probate
When you hire a new attorney for your parent’s will, their job is not to rewrite the document. Their role is to represent you, the executor, during the probate process. This is especially helpful if you are grieving and managing other family matters. This legal process involves several key steps:
- Filing the will with the Register of Wills in the correct county
- Notifying all beneficiaries and heirs
- Gathering all the estate’s assets
- Paying final debts and taxes
- Distributing the remaining assets to the beneficiaries
A new lawyer guides you through each of these duties to ensure they are completed correctly.
Selecting qualified counsel for estate administration
You are under no obligation to retain the services of the original attorney’s firm. Your selection of counsel should be deliberate. Seek an attorney whose practice concentrates on estate administration, which is distinct from estate planning.
You require a professional experienced in the post-death legal process. Furthermore, this is a personal engagement. Select counsel who communicates clearly and whom you trust to handle this significant responsibility.
What to remember when moving forward
Handling a parent’s estate is a major responsibility that arrives during a difficult, emotional time. The good news is you do not have to manage the legal details alone.
In areas like Pottsville, a long-standing local firm often understands the community and the local Schuylkill County court system. Choosing a local attorney to handle the probate of your parent’s will can provide clarity and ensure all legal steps are handled correctly.