One effective way of finding a good probate attorney for you is to get a personal recommendation from someone you know and trust. Consider asking your friends and colleagues about whether they’ve had a good experience with a probate attorney near you.
In any case, you will need to do a little research to find a trusts and estates attorney that is right for you. If you don't already have a list of prospective lawyers, a great place to start your search is right here at lawyers.com where you can search for a lawyer by location (city, state, or zip code) and practice area.
But even if there is only a Trust involved (and not a Will, thus no probate), a probate attorney could still help the Trustee administer the Trust. Who does a probate attorney represent?
Or, if you want to plan your estate but have a complicated financial situation, look for an attorney with lots of experience drafting trusts, ideally someone with a tax background as well. You may need to find someone who has knowledge or expertise in multiple areas.
Check in with references. Have brief discussions with clients or colleagues who have an opinion about the lawyer's skills and trustworthiness. (You can ask each lawyer for a list of references to call.)
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FREE detailed reports on 40163 Probate Attorneys. Find 81530 reviews, disciplinary sanctions, and peer endorsements. (1) …
What should I look for in a probate attorney? · Look at their biographical information. · Use search engines to surf the Web. · Ask other people if they have heard (4) …
HOW TO PICK A PROBATE LAWYER. If you’ve recently lost a loved one and find yourself tasked with being the Executor or Administrator the estate, you probably (9) …
Jul 4, 2021 — The simple answer is yes! For the vast majority of probate cases, a lawyer is not required to probate a will. In fact, anyone can interact (14) …
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As an executor of a Florida estate, you need a probate attorney who isn’t going to overcharge you in fees. We answer many common questions regarding fees. (27) …
A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and settling the estate, and more.
This one can widely vary. It’s not often that a probate case takes years, but it’s been known to happen. The longer things drag on, the more expensive they can become - knowing ahead of time how long your attorney estimates the process to be can be helpful (particularly if they will be charging you hourly). Keep in mind, there can be unanticipated delays that arise.
Probate can be long, arduous and stressful...not to mention expensive and time consuming. Navigating it on your own can feel like just too much after losing your loved one.
If needed, probate begins soon after you lose a loved one. Probate is a legal proceeding validating a Will (in cases where the decedent has one) to settle an estate. If the decedent passes away without a Will (or other Estate Plan in place), it’s said he or she died intestate, and the estate would go through probate in this instance, too.
An attorney may be able to take on probate cases, but might more regularly practice an entirely different area of law. If they are not experienced in the nuances of estate law, you could end up paying the price, both literally and figuratively, as costly and timely delays could result from their inexperience.
If the decedent had just a Will, there’s no way around it: you’re going to have to deal with probate. So the next logical step is to evaluate how complicated the estate is, and thereby how difficult probate will be. Obviously, the more complicated an estate is, the more alluring an attorney may seem. If the decedent had a well-set up Trust in place, on the other hand, a probate attorney may not be necessary at all.
Probate attorneys are qualified to help with the actual Estate Planning process too, although they tend to charge a high fee for the basics like setting up guardianship, creating a Will or writing a Trust. Online companies like Trust & Will make personalized Estate Planning easy, convenient and affordable, all without the involvement (and cost!) of an outside attorney.
A trusts and estates attorney can help you: make a plan for what will happen your property when you die ( wills and trusts) avoid probate (living trusts, transfer-on-death tools, beneficiary designations) reduce estate taxes. plan for incapacity (powers of attorney and living wills) set up trusts for loved ones. manage ongoing trusts.
So, if you need a trusts and estates attorney, look for one who specializes in the area of your concern. For example, if your mother just passed away and you want to hire an attorney to settle her estate, look for someone with lots of experience probating estates in the county where your mother lived. (Probate rules vary county to county.) Or, if you want to plan your estate but have a complicated financial situation, look for an attorney with lots of experience drafting trusts, ideally someone with a tax background as well.
Use your common sense and instincts to evaluate the remaining lawyers on your list. Eliminate those that don’t feel like a good fit, as well as those that are not confident that they can help you. Trust your gut and choose the lawyer that feels right to you.
Talk with several lawyers. Get a sense of their communication skills as well as their expertise. You want to be confident that they know what they’re doing professionally, but also trust your gut about how well you ‘click’ and about how well the attorney will meet your needs.
Ask other people if they have heard of the attorneys and what they think about them.
However, less experienced attorneys should also know when they are in over their heads, so make sure that any less experienced lawyer you hire has a more experienced attorney to consult, if needed. Also, you may be able to do some estate planning on your own.
If one of these attorneys offers to draw up your will or trust, he or she will probably just plug your information into a software program without really knowing the details about the law or what effects it might have on your estate.