how much a lawyer can charge if my parents didn't have a will

Can a lawyer charge a percentage of an estate?

Jun 04, 2018 · Make a diligent search for a will. Look through your parent’s records and file cabinets, talk to their close friends and other relatives, ask their accountant and any lawyer they worked with in ...

How much does a probate attorney charge per hour?

Jun 18, 2016 · My wife and I looked after my mother in our home for 11 months until we could not do it anymore due to severe dementia.She was admitted to a long term care home and lived another four months.My mother was receiving care and attendance allowances from VA and it all went into her bank account.Due to my brothers greed who thought he should get his ...

What happens when a parent dies without a will?

Jul 29, 2019 · How Much Do Lawyers Charge to Help With Probate or Settling an Estate? by Learn More Updated: Jul 29th, 2019 AVERAGE HOURLY FEES $250 - $310 Probate attorneys typically charge between $250 and $310 per hour to help with estate administration when they bill by the hour. FLAT FEE 32%

How much does a family lawyer cost?

Feb 03, 2010 · The charge is vandalism under Penal Code section 594. If the amount of the damage is under $400, the charge is a misdemeanor that carries up to 6 months in county jail and/or a thousand dollar fine (plus any restitution for damages) and if it's over $400, it's a "wobbler" (which means it can be charged as either a felony or a misdemeanor).

What happens if you don't have a will South Africa?

If you die without leaving a valid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987). This means that your estate will be divided amongst your surviving spouse, children, parents or siblings according to a set formula.

What happens if father dies without will in India?

In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.

What happens when someone dies without a will in Canada?

When a person dies without a will, the provincial government gets to decide who gets the money in your bank account. Provincial governments will often prioritize immediate family members or blood relatives of the deceased person, which can leave common-law partners with nothing.

What happens when a parent dies?

You will need to file the will with the probate court in your parent's city to begin probate, the legal process of distributing assets after death. If your parent died without a will, the court will decide how your parent's assets are distributed based on state laws.Nov 8, 2021

Who is the legal heir of father's property?

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).Nov 1, 2021

Who is legal heir after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

Who gets money if no will?

A person who dies without leaving a will is called an intestate person. Only married or civil partners and some other close relatives can inherit under the rules of intestacy.

What happens to bank accounts when someone dies Canada?

Without a legal will in place, you will be considered to have died intestate. That means your assets will be distributed according to the intestate laws in your province. While they differ across Canada, any money left in your bank accounts will go to immediate family and blood relatives.Jun 21, 2021

How much do lawyers charge for a will in Ontario?

Lawyer-Drafted Wills In Ontario You can expect a lawyer-drafted will to cost anywhere from $300 to $1400 in Ontario. In addition, you may want to account for additional expenses any time you need to make an update.

What do you do when a parent dies without a will?

Since there is no will, you will need to bring a petition under the laws of the state where mom died (or where she owned assets) asking the court to appoint you as Personal Representative (or Administrator) of the estate. This is called an intestate estate, which means mom or dad died without a will.Jun 4, 2018

What debts are forgiven upon death?

What debt is forgiven when you die? Most debts have to be paid through your estate in the event of death. However, federal student loan debts and some private student loan debts may be forgiven if the primary borrower dies.Aug 7, 2021

How long does it take to get over the death of a parent?

Studies have shown that for most people, the worst symptoms of grief — depression, sleeplessness, loss of appetite — peak at six months. As the first year continues, you may find these feelings ebb. But it's normal to still feel some grief years after a death, especially on special occasions.

32 Answers

Cub - are you in probate & are you the executor? If the answer is yes & yes, there could be things you can do both within executor fees & MIE aspect of probate and in placing an unsecured claim against the estate.

Popular Questions

Can changes my Dad made to his estate plan be invalidated if it's proven he was mentally ill?

Total Fees Charged by Estate Administration Lawyers

In our survey, more than a third of readers (34%) said that their lawyers received less than $2,500 in total for helping with estate administration. Total fees were between $2,500 and $5,000 for 20% of readers, while slightly more (23%) reported fees between $5,000 and $10,000.

How Lawyers Charge for Probate and Other Estate Administration Work

The total fees that estates paid for legal services were based on one of three types of fee arrangements charged by attorneys for probate and other estate administration work: hourly fees, flat fees, and fees based on a percentage of the estate’s value.

Free Consultation With Probate Lawyers

More than half (58%) of the probate attorneys in our national study reported that they offered free consultations. The typical time for these initial meetings was 30 minutes, though the overall average was higher (38 minutes).

Lewis Robert Rosenblum

Sounds like there is a lot missing in your facts. If it was your friend door why were the police called and who said they wanted to press charges? If you friend owned the property and told the police it was not a problem and he didn't want to press charges, nothing would have happened.

Joseph Briscoe Dane

The charge is vandalism under Penal Code section 594. If the amount of the damage is under $400, the charge is a misdemeanor that carries up to 6 months in county jail and/or a thousand dollar fine (plus any restitution for damages) and if it's over $400, it's a "wobbler" (which means it can be charged as either a felony or a misdemeanor).

3 attorney answers

I would like to reiterate the earlier responses urging you to seek proper representation from an elder law attorney. I suspect that you did not go to an elder law attorney to get a properly drafted caregiver agreement as he or she would have counseled you on the appropriate rate of pay.

Judith A. McDougall-Flynn

I suggest that you get counsel from an Elder Law attorney who can discuss the many ramifications that could harm your mother in law in the future.

Dan W. Armstrong

Often the question is not how much she can pay you, but why you would want to receive money from her that will be taxed as ordinary income and be subject to self employment taxes ( as much as 50%).

What happens if your parents die with credit cards?

So if you parents died with debt, such as credit cards, you’d have to find a way to pay those creditors or the court would order the property sold and the creditors paid. Also, unless you intend to take possession and keep the property, putting the house in your name is the worst thing you could do.

What happens if the seller knows of a defect in the property?

If the seller knew or should have known of a defect in the property, the seller will be liable to the buyer for not only the cost of the repair but quite possibly the buyer’s attorney fees and costs as well. Even if you do everything right, you are at risk of having to hire an attorney to defend you in a lawsuit.

Can you put a house in your name without a court order?

Specifically, an estate and probate attorney. First, in most cases, you can’t put the house in your name absent a court order authorizing it. That authorization comes during the course of a probate.

Can you transfer a property to your name during probate?

An exception to those laws applies to properties sold during the course of a probate. Because most disclosures are not required during a probate, you won’t have any liability to the buyer. So by transferring the property to your name you are giving up all of the legal protection you enjoy as the executor.

Do you have to probate if you are on title with your parents?

No probate necessary. If you were on title with your parents as a joint tenant, the minute they died you became the sole owner. Back in the day, joint tenancy was a common estate planning vehicle. But for the most part it has fallen out of favor for a number of reasons. Still, the system exists.

What happens if you don't collect a lawyer's fees?

Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What happens if a client is ethically transgressive?

If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.

What happens if representation is over?

If the representation is over, you may feel compelled to pay outstanding bills, even if they are outrageous, since your lawyer is the last person you want as an adversary in litigation. You recognize that your lawyer possesses superior knowledge about the legal system that will determine any billing dispute.

Where does a lawyer have to keep money?

Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

What happens if you don't name your heir in your will?

If you were not named as an heir in your deceased parents' wills or trusts or if you don't believe your sibling is managing estate administration appropriately, you have the right to contest the administration in court. Losing a parent or another loved one can be difficult emotionally.

What is probate in a will?

Probate is a public proceeding. Even if you were not named in your parents' will (s), you have the right to read the will, any codicils (amendments) to it, and court filings. You also have the right to notifications about upcoming court hearings.

What is a personal representative of a deceased person?

The personal representative of a deceased person's estate is a fiduciary, meaning they owe a legal duty to the estate and its beneficiaries. The personal representative must carry out those duties in a responsible manner, making decisions that are in the best interest of the estate as a whole rather than in their own best interest.

Can a sibling be appointed by the court?

If your parents' state allows for collection of personal property by affidavit for small estates, your sibling may not need to be appointed by the court. Instead, they might be able to sign an affidavit under oath declaring that they are entitled to take receipt of assets on behalf of the estate.

Can a child be a parent of a deceased person?

As a child of the deceased person, you have certain rights—regardless of whether your parents' will s named you, a sibling, or someone else as the personal representative. The passing of one or both of your parents can be extremely difficult. Along with the emotional difficulty of losing a loved one, there are often administrative tasks associated ...

Is probate required for a small estate?

Exemptions from Probate. In some states, probate is not required for certain small estates, even if the deceased person left a valid will. In other states, probate is required if there was a will, regardless of the size of the estate.

What is the difference between an attorney and a sister?

If your mother was incapable of managing her own property, your sister’s duties are different. Acting as an attorney means your sister must—by law—keep certain accounts and records.

What to know about estate planning?

MORE FROM AN ESTATE PLANNING EXPERT: 1 Property rights in a common-law marriage 2 We have few assets. Can we skip having a will? 3 The one thing your will doesn’t always decide 4 Who gets what in a blended family with no will? 5 What to do if you don’t trust the executor of a will 6 The difference between wills and trusts 7 When a spouse is left out of the will 8 What do I owe my step-children?

Can my mother deny my sister's compensation?

Your mother could have specified that she didn’t want your sister to be paid. In Ontario, the law states your mother could deny your sister compensation. If your mother did not prohibit compensation, then your sister may claim it. Ontario has regulations to set attorney fees. These regulations are subject to adjustment by a court.

Can a sister be a perfect bookkeeper?

If there are additional unanswered questions, your sister, as an attorney, has the duty to explain as best she can. She may not need to be a perfect bookkeeper or hire one. She should try to dispel any suspicions you have. As executors you also have duties.