Real Estate Attorney
A real estate attorney is a legal professional who specializes in matters related to real estate law.
These legal professionals are trained in dealing with legal issues concerning property, land, buildings, and other real estate transactions.
If Surviving Family members or other Beneficiaries are managing a real estate property after the death of a loved one, it helps to work with a real estate attorney with experience in handling Estate matters and Probate.
They help ensure a smooth and legally compliant process, whether transferring ownership, selling property, or navigating other real estate-related issues as part of the Estate Settlement process.
After a death, a real estate attorney can assist in various ways:
Title and Ownership Transfer: If the deceased person owned real estate, a real estate attorney can guide the family through the process of transferring the Title of the property to rightful Heirs or Beneficiaries themselves, or by working with a Title Company. This may require going through Probate Court, depending on the way the property was established.
Property Sales: If the family decides to sell the property after the death, a real estate attorney can handle the legal aspects of the sale. This includes drafting contracts, negotiating terms, ensuring proper disclosure of information, and facilitating the transfer of ownership to the buyer.
Title Search and Clearance: Before transferring ownership or selling a property, a title search helps ensure there are no outstanding Liens, claims, or Encumbrances. A real estate attorney can handle this process and clear any issues that may arise.
Probate and Estate Administration: If real estate property is part of a deceased person's Estate, a real estate attorney can help with the aspects of the Probate process and general Estate Administration. This may include ensuring the property is properly valued, managing any outstanding Debts related to the property, and distributing the property according to the deceased's Last Will and Testament or applicable stat probate law.
Tax Implications: Real estate transactions, including those related to any Inherited property may have tax implications. A real estate attorney can provide advice on potential tax liabilities and help the surviving family or other beneficiaries make informed decisions.
Trusts and Trust Administration: If the deceased person had established a Trust that included real estate assets, the attorney can assist in transferring ownership of the property to the beneficiaries named in the trust. They can also provide guidance on fulfilling the terms of the trust.
Resolving Disputes: In cases where there are disputes over the ownership of the property or other real estate-related matters, a real estate attorney can provide legal representation to help resolve these issues.