how do i find a probate lawyer to ask questions to?

How do I choose the best probate attorney?

• What area of law do you specialize in?
• What percentage of your practice is devoted to probate (litigation, administration, planning)?
• How many situations similar to mine do you handle in a year?
• How often you do work on conflicts that end up in getting litigated?
• Described the timeline of how my case should proceed?

More items...

How do you choose a probate attorney?

• Biographical information, including undergrad, law school, years practicing. Do they appear to have expertise in the area of probate, trusts and estates, or estate planning?
• Online search results. ...
• References. ...
• State bar association. ...
• Additional certifications. ...
• Membership in local, state, or national associations. ...
• Payment. ...
• Your special needs. ...

What are good questions to ask an attorney?

Ask the lawyer A number of questions arise: Can you show the tenant’s demand ... Do you know the expression “no good deed goes unpunished”? Bottom line: Consultation with counsel here also is advisable. Is the tenant’s conduct a breach of the ...

How can an attorney help you with probate?

How a Probate Lawyer Can Help You

• Securing a Surety Bond. A surety bond is almost always needed to protect individuals receiving estates from making any mistakes during property distribution.
• If There is a Hefty Amount of Money and Assets. ...
• If a Will is Contested. ...
• One-Off Tasks. ...
• Contact Us Today. ...

How to have a successful working relationship with a lawyer?

Do you have to use an attorney to draw up a will?

Can a lawyer talk in plain English?

Do probates consist of paperwork?

About this website

What does it mean when a deceased leaves a pour over will?

If the deceased left a pour-over Will, it means that the assets mentioned be put in a trust. A probate attorney with estate planning or trust administration skills can be of great assistance. 12.

Can a decedent's assets be frozen?

In the blink of an eye, a decedent’s assets can be heisted, pillaged, squandered, or frozen. Probate attorneys help to execute the deceased’s estate plan or intestacy laws so that this doesn’t happen.

1. How Much Experience Do You Have?

Before hiring a probate lawyer, it’s important to ensure they have the experience and expertise you need. Look for a lawyer who specializes in probate law.

2. Who Will I Work With?

If you visit a law firm for a consultation appointment, make sure to speak with the lawyer who will handle your case. Try to learn as much as you can about their work background. Remember, you want to choose a lawyer who has the experience you need.

3. Have You Handled Cases Similar to Mine?

Professionals learn from prior experience. Ask each lawyer if they have experience handling a situation that’s similar to yours. If they lack the experience you need, keep looking.

4. How Long Will My Case Take?

It’s important to set realistic expectations regarding your case. When determining what to ask a probate lawyer, review the details of your case first.

5. What Potential Issues Should I Prepare For?

You can also set realistic expectations by learning what to expect throughout the process.

6. How Can I Reach You?

How will you reach the lawyer or a member of their staff for developments and updates regarding your case? Should you call them or send an email? Will you need to speak with a paralegal who understands the details of your case?

7. What Charges Should I Expect?

In many cases, legal fees can feel confusing. Speak with the lawyer about their fee structure. Do they charge based on a contingency fee, hourly fee, or flat fee?

How to have a successful working relationship with a lawyer?

Having a successful working relationship with a lawyer, however, takes more than legal knowledge. So pay attention to how clearly the lawyer explains the process, how well the lawyer listens to your concerns, and how respectful the lawyer is. Make sure you're signing up with someone who: Communicates clearly.

Do you have to use an attorney to draw up a will?

You want to find someone you're comfortable with. You do not have to use the attorney who drew up the deceased person's will; the fact that the deceased person employed a particular lawyer doesn't obligate you to hire the same person to represent the estate.

Can a lawyer talk in plain English?

Some lawyers just can't seem to talk in plain English. If you can't understand what the lawyer is talking about and don't get good explanations when you ask for clarification, look elsewhere. Respects your efforts to educate yourself.

Do probates consist of paperwork?

Most proba tes consist almost entirely of routine paperwork. And if you are interviewing lawyers who were personally recommended to you by friends or other local professionals, they're probably competent. Having a successful working relationship with a lawyer, however, takes more than legal knowledge.

What is the role of a probate attorney?

The role of any reputable probate attorney is to make the process of sorting through estate matters and filing the required paperwork as seamless and stress-free as possible for anyone dealing with the loss of a loved one.

What assets do not need probate?

Assets that do not need to go through probate may include: • Retirement accounts where a beneficiary was named. • Life insurance proceeds (unless "the estate" is listed as the beneficiary) • Property that's held in a living trust. • U.S. savings bonds registered as "payable upon death". • Pension plan distributions.

Is a car titled to the deceased subject to probate?

Typically, any property that was solely owned by the deceased person is subject to probate. This usually includes things like a car titled to the decedent alone or real estate the individual owned. Shared property is also subject to probate.

Do law firms have answering service?

Some law firms have an answering service while some attorneys will provide their personal contact number for clients. Also, ask how they normally communicate with their clients. Even if there are no issues with probate, you'll still want to be kept informed of how the process is going.

Do all assets need to go through probate?

Not all assets will need to go through probate. If the deceased person was married and almost everything was jointly owned, probate is not usually necessary with those assets. The same is true if the individual did some planning prior to their death to avoid probate.

SUBSTANTIVE QUESTIONS TO ASK A PROBATE ATTORNEY

First, it’s always important to ask questions about the probate proceeding.

Do I need to go through probate?

In New York, if the decedent had no property, no court proceeding is required. This is because there are no assets to distribute.

What property is included in probate?

In New York, all property owned by the decedent in his own name without a designated beneficiary is generally a probate asset. Properties owned jointly by a decedent, owned with a designated beneficiary, or that pass by operation of law are generally non-probate assets.

How long will the probate process take?

It generally depends on the size of the estate, the possible number of heirs, and if there are disputes as to the authenticity of the will or the property in the estate. It could take anywhere between a few months to a year or more. Your attorney will be able to give you an estimate depending on the circumstances of your case.

How are creditors handled?

All estate creditors are entitled to payment prior to the distribution of proceeds to the heirs. In New York, there is a particular hierarchy or order in paying the creditors. Your probate attorney should be able to guide you in this aspect.

What questions would you ask a probate attorney if you were in my shoes?

You don’t have to come up with all of your own questions. You can ask them to think of some questions themselves and answer them for you!

EXPERTISE QUESTIONS TO ASK A PROBATE ATTORNEY

Second, it’s important to determine the expertise of the attorney to see if he has enough experience to handle your case effectively and efficiently.

What to do if your father owns anything?

If your father owned anything, someone should settle his estate. Most states have a Small Estate Affidavit which can be filed. No court appearance is needed. Talk with a probate lawyer who practices in Worcester County.

How long do creditors have to file a claim against an estate in Ohio?

Generally speaking, creditors have 6 months from the date of death to present a claim against the estate to the appointed administrator. See Section 2117.06 of the Ohio Revised Code (link below). Depending on the details, you may want to sit down with an attorney to see if you have any... Read More

Can you be stuck with a property that was passed to four beneficiaries?

It depends somewhat on how the property was bequeathed. If it was directly passed in undivided interests to four beneficiaries you may be stuck with it, absent agreement or a law suit for partition of the property (a court ordered sale). If on the other hand the property is simply in the "residue" of the estate and not specifically passed, then generally it will need to be... Read More

Can a non-lawyer represent an estate in probate?

There are a number of issues with heirs or potential heirs or non lawyers attempting to go through the probate process. First when a will is submitted for probate, it creates a new entity, The Estate of Whoever.. Since you are not licensed to practice to law, your attempt to represent the Estate in a legal...

Do you get the home if you pass away?

When you say would she get the home, do you mean if you pass away? Since this is posted under Wills and Probate, I will answer with those facts. In short, it depends on what the title says. If she is on the deed and it is jointly owned with rights of survivorship, then yes, she gets the home if you pass away . If she is on the deed and there are no survivorship... Read More

How to have a successful working relationship with a lawyer?

Having a successful working relationship with a lawyer, however, takes more than legal knowledge. So pay attention to how clearly the lawyer explains the process, how well the lawyer listens to your concerns, and how respectful the lawyer is. Make sure you're signing up with someone who: Communicates clearly.

Do you have to use an attorney to draw up a will?

You want to find someone you're comfortable with. You do not have to use the attorney who drew up the deceased person's will; the fact that the deceased person employed a particular lawyer doesn't obligate you to hire the same person to represent the estate.

Can a lawyer talk in plain English?

Some lawyers just can't seem to talk in plain English. If you can't understand what the lawyer is talking about and don't get good explanations when you ask for clarification, look elsewhere. Respects your efforts to educate yourself.

Do probates consist of paperwork?

Most proba tes consist almost entirely of routine paperwork. And if you are interviewing lawyers who were personally recommended to you by friends or other local professionals, they're probably competent. Having a successful working relationship with a lawyer, however, takes more than legal knowledge.