documents needed when meeting with extate lawyer

by Saul Stiedemann III 8 min read

Ask your lawyer what documents you should bring to the first meeting. There are several items that will help the probate attorney better understand the estate. These include: The original last will and testament (or a copy, if the original has already been filed with the probate court)

9. Determine the Documents You Will Need
  • A will.
  • One or more trust agreements.
  • Medical power of attorney.
  • Financial power of attorney.
  • Guardianship designations.
  • Insurance policies.
  • Titles and property deeds.
Oct 18, 2021

Full Answer

What should I bring to my first meeting with a lawyer?

Mar 29, 2019 · Make sure to present copies of your insurance binders so that their value will be considered during the drafting of your estate plan. An insurance binder is typically a one-page document that lists the owner of the policy, the policy number, and the death benefit. Bring copies of your current estate plan documents

How do I prepare for a meeting with a probate attorney?

Oct 21, 2021 · To this first meeting, you should bring any documents requested by the intake questionnaire or at the consultation. For example, depending on the facts of your case or your situation, you may need to bring copies of: Documents that will "prove" your authority, such as a will or living trust document that names you as the personal representative

What documents do I need to bring to a personal representative meeting?

These include: The original last will and testament (or a copy, if the original has already been filed with the probate court) Copies of any documents from the probate court Copies of any living trust documents, if there was a living trust Copies of recent financial statements for the deceased, ...

What should I do before meeting with my real estate attorney?

Feb 22, 2021 · A copy of the property deed, or any other documents relating to the property, such as an oil and gas lease; and/or Other documents which provide evidence of damages incurred, such as medical records or expenses, and/or any warranties or …

What are the four must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

How do I prepare for estate planning?

How To Prepare for Your First Estate Planning AppointmentFill out your attorney's intake questionnaire. ... Gather your financial documents. ... Bring copies of your current estate plan documents. ... Divorce agreements, premarital agreements, and other relevant contracts. ... Choose your executors and health care agents.More items...•Mar 29, 2019

What are the 5 components of estate planning?

A good estate plan is comprised of five key elements: Will, Trust(s), Power of Attorney, Health Care or Medical Directive and Beneficiary Designation. A will is a legally binding document that directs who will receive your property and assets after your death.Nov 8, 2017

What should be in an estate planning binder?

Your binder should have the following 15 sections:MY FAMILY INFORMATION.HEALTH CARE POWER OF ATTORNEY & MEDICAL INFORMATION.HEALTH INSURANCE & MEDICAL BENEFITS.ADVANCE MEDICAL DIRECTIVE OR LIVING WILL.FINANCIAL POWER OF ATTORNEY & FINANCIAL INFORMATION.PROPERTY & ASSETS.BUSINESS INTERESTS & INFORMATION.More items...•Mar 13, 2021

What is the first step in estate planning?

Seven steps to basic estate planningInventory your stuff. You may think you don't have enough to justify estate planning. ... Account for your family's needs. ... Establish your directives. ... Review your beneficiaries. ... Note your state's estate tax laws. ... Weigh the value of professional help. ... Plan to reassess.Jan 11, 2022

What should be in a death folder?

Here are some examples of documentation that could be included in your in case of death file:Will.Living trust.Power of attorney.Life insurance policy.Birth certificate.Marriage license.Bank and credit card accounts.Loan documents.More items...

What is an estate attorney?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

What elements are contained in an estate plan?

The Estate Planning Must-HavesWill/trust.Durable power of attorney.Beneficiary designations.Letter of intent.Healthcare power of attorney.Guardianship designations.

What are the most important things to put in a will?

What are the Most Important Things to Put in a Will?Personal Information. This should go without saying, but your will should include basic information about you to be official. ... Last Will and Testament Verbiage. ... Property and Assets. ... Beneficiaries. ... Executor. ... Guardianship. ... Signatures.

How do you get something in order before death checklist?

More Than a Last Will and Testament.Itemize Your Inventory.Follow With Non-Physical Assets.Assemble a List of Debts.Make a Memberships List.Make Copies of Your Lists.Review Your Retirement Accounts.Update Your Insurance.More items...

What is the estate planning process?

Estate planning involves determining how an individual's assets will be preserved, managed, and distributed after death. It also takes into account the management of an individual's properties and financial obligations in the event that they become incapacitated.

What is a death binder?

A death binder is a place to gather necessary information and documents that detail how we want our wishes carried out, our belongings dispersed, our finances dealt with, etc. A homemade Death Binder puts all your important documents in one place.Jul 6, 2021

What information do you need to include in a will?

Further, if you designate a trustee or representative or if you designate a temporary or permanent guardian for your children in your will, you must include their name, address, and other contact information .

How to distribute property in a will?

The entire purpose of a will is to distribute your assets to the people you wish to inherit your property. This is done by first identifying the property you have (referred to as assets) and then designating the people you choose as beneficiaries to inherit these assets. Consequently, you need to bring copies of any and all paperwork related to your assets to your lawyer visit. Common assets people leave to others in their will include the following: 1 Deeds to any and all real estate 2 The titles of any vehicles 3 Checking account statements 4 Savings account statements 5 Money market account statements 6 Stocks 7 Bonds 8 Retirement accounts 9 Other investments 10 Jewelry 11 Art 12 Timeshares

What is the purpose of a will?

The entire purpose of a will is to distribute your assets to the people you wish to inherit your property. This is done by first identifying the property you have (referred to as assets) and then designating the people you choose as beneficiaries to inherit these assets.

Do you need a list of debts to provide an attorney?

In addition to providing a detailed list of assets in a manner that allows them to be easily identified and located, an individual must provide their attorney with a list of debts. Debts that you should provide documentation of include, but are not limited to, the following:

What should an estate plan comply with?

Your estate plan should comply with any divorce and premarital agreements. It should also abide by the terms of any other contract you may have signed promising to leave assets to someone in your will.

How long does it take to get an estate plan signed?

If you provide your estate planning attorney with all your information on Day One, and stick to the process they lay out for you, it shouldn’t take them more than a few weeks to complete your documents and have them ready for you to sign.

What is an estate planning questionnaire?

The purpose of that questionnaire is to provide a general understanding of your family and financial situation to your attorney so that they can best advise you on your estate planning needs. It is designed to make the most efficient use of your time with your estate planning lawyer (and your money), so don’t waste it having them fill out the names of your family members, addresses and contact numbers.

What is an insurance binder?

An insurance binder is typically a one-page document that lists the owner of the policy, the policy number, and the death benefit.

What is the first meeting with an attorney?

The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan.

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

How to save money on legal fees?

To save money on legal fees, take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that lawyer will have to spend on your case . Even eliminating one email exchange could save you hundreds of dollars.

Do lawyers charge for consultations?

Attorney consultations vary, depending on the attorney’s preferences. Some lawyers charge for a consultation, others don’t. Some will only hold consultations over the phone, but some will let you come in (this is best, so that you can get a better feel for the attorney).

Is it expensive to hire a trust lawyer?

Hiring a trust and estates lawyer is almost always expensive. Learn how to save money by hiring the right lawyer, preparing for your first meeting, and making the most of your lawyer's time.

Facing a DUI? We've helped 115 clients find attorneys today

Please answer a few questions to help us match you with attorneys in your area.

Gather Important Documents

Ask your lawyer what documents you should bring to the first meeting. There are several items that will help the probate attorney better understand the estate. These include:

Make a List of Questions to Ask the Probate Attorney

Meeting with a probate lawyer can be overwhelming and it's easy to forget things during the meeting. Whether it's your first meeting with the probate attorney or your fifth, it helps to bring a list of written questions to each meeting. This ensures you won't forget to address any important topics.

What is an initial meeting with an attorney?

This is an initial meeting with an attorney that occurs before you decide whether to hire that attorney to represent you in your real estate dispute. The attorney will also use the initial legal consultation to determine if they can legally and competently represent you.

What can a real estate attorney do?

A real estate attorney will be able to review the facts of your case, as well as any documents, to determine how best to move forward. An attorney will also help you collect additional evidence through the legal discovery process. Finally, they can also represent you in a court of law, as needed.

Why do we write contracts?

Thus, writing contracts is done in order to avoid problems and delays later on, as litigation could result if the parties to the transaction experience a dispute. Real Estate litigation commonly involves zoning, construction defects, homeowners associations, and/or boundary disputes.

What is real estate law?

Real Estate law is what provides the legal guidelines and protections for those involved in the sale and purchase of real property. Real property refers to property that is affixed to the land, or a piece of land itself, as opposed to personal property, which is property that is typically easily movable.

What should be included in an initial consultation?

An initial consultation should always include a discussion of the fees that an attorney may charge and the legal facts and circumstances of your case. You should discuss an attorney’s fee arrangement during the consultation, prior to retaining them, especially if cost is a large determining factor for you.

Is a legal consultation free?

Before meeting with your real estate attorney, verify whether the consultation will be free of charge. Generally speaking, legal consultations are free.

What documents do you need for estate planning?

Wells Fargo’s Lifescapes blog offers a checklist of 10 documents that form the “base set” for estate planning. Six documents will be kept as hard copies, while four documents will be kept digitally.

Do you have to hire an attorney?

Lawyer Renee Hykel Cuddy, Esq., said in a LegalZoom article that lawyers are often helpful in the estate planning process. “Although you may be able to take care of many matters on your own, in some situations, even a brief meeting with an attorney can eliminate confusion and help you move forward with confidence.”

What is the most important thing to do when filing for bankruptcy?

The last point is especially important. For the most effective bankruptcy filing, it is crucial that you are completely transparent with your attorney. Make sure you take note of any questions, legal inquiries, or laws that you may wish to address with your attorney.

Why is it important to have a bankruptcy attorney?

Because filing for bankruptcy is a complex legal claim, finding the right bank ruptcy attorney is important. A bankruptcy attorney will help you decide whether or not to file for bankruptcy, and what type of bankruptcy you should file. Additionally, if you decide to file, an attorney can help ensure that your property is protected, ...

Why do people declare bankruptcy?

Declaring bankruptcy gives individuals or businesses that are unable to pay their debts a better way to solve their financial problems. It can also help them start rebuilding their credit and lives in a more positive and financially stable way.

What is a credit report?

A list of your creditors that you owe money, and their contact information, account numbers, and how much money you owe each one; Documents relating to any outstanding loans that you may have, including mortgages,student loans, car loans, or any other loans you might have;

How long does it take to file for bankruptcy?

In total, most bankruptcies take around 4 to 6 months.

What happens when you file for bankruptcy?

That way, when you complete your bankruptcy, you will be on the right path to financial recovery.

Can you rebuild your credit after bankruptcy?

Although there may be an initial lowering of the credit score the debtor will have an opportunity to slowly rebuild it after the bankruptcy is filed. A bankruptcy is public information- A common issue with filing for bankruptcy is that everything filed with the court is public and can be accessed by anyone.