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When you hear the word “estate,” what comes to mind? For many people, it conjures images of sprawling mansions with acres of manicured land. Others might think of estate sales, where a lifetime’s worth of possessions are sold after someone passes away. Still others associate it with real estate transactions, such as buying and selling homes.
In legal practice, however, the word “estate” carries multiple meanings, and this can create confusion when you’re trying to find the right attorney for your specific situation.
Let’s clarify the different types of estate law and help you identify which legal professional you actually need.
i. Estate = Property Owned by a Deceased Person
If you’re dealing with the aftermath of a loved one’s passing and need help distributing their assets, you’re looking for a trust and estates lawyer—specifically one who handles probate or trust administration.
These attorneys guide families through the legal process of settling a deceased person’s affairs. They help navigate probate court, interpret wills and trusts, address creditor claims, and ensure that assets are properly distributed to beneficiaries. This work requires specialized knowledge of inheritance law, tax implications, and court procedures.
ii. Estate = Arranging for Your Own Assets Before You Die
If you’re still living and want to ensure your assets will be distributed according to your wishes after you pass away, you need an estate planning lawyer.
Estate planners help you prepare for the future by creating essential legal documents such as wills, trusts, powers of attorney, and healthcare directives. They also provide strategic advice on how to structure your assets to minimize taxes, avoid probate, protect beneficiaries, and achieve your specific goals. Whether you’re planning for your children’s inheritance, protecting a family business, or ensuring your healthcare wishes are honored, an estate planning attorney helps you put the right legal framework in place.
iii. Estate = Buying or Selling Real Property
If you’re in the market to buy or sell a house, land, or other property, you need a real estate attorney.
These lawyers provide transactional services that protect your interests during property transfers. They conduct title searches to ensure clear ownership, review and draft purchase agreements, work with mortgage lenders, handle closing procedures, and resolve any issues that arise during the transaction. Real estate attorneys focus on the property itself rather than inheritance or legacy planning.
Finding The Right “Estate” Attorney For You 🙂
Not all law firms offer all three types of services. Some practices specialize in only one area, while others provide comprehensive estate-related services under one roof.
When you’re seeking a consultation, be clear about your specific needs. Are you settling someone’s affairs after their death? Planning for your own future? Buying or selling property? Asking the right questions upfront will help ensure you connect with an attorney who has the expertise to help you, and save you time and frustration in the process.
Understanding these distinctions is the first step toward getting the legal assistance you actually need. With the right attorney in your corner, you can navigate these complex matters with confidence and clarity.
At the offices of JMS Law Ltd, we help with planning and arranging your estate before and after death. That’s our area of expertise in Rhode Island and Massachusetts. Book a call by clicking below now.
