how to hire a probate lawyer

^{6 Steps To Hire A Probate Attorney}

• Determine if you need help fulfilling the deceased person’s wishes. If a relative or a person close to you has died, you may need help dealing with that person’s assets ...
• Understand what a probate attorney does. Probate attorneys focus on estate planning, wills, and trusts, but there are significant differences in their areas of expertise.
• Start your attorney search, and ask these essential questions. Establishing an attorney’s credentials is the primary goal of an initial consultation. ...
• Find out how much you’ll pay — and how much you’ll get back. Hourly rates for probate attorneys typically start around $150 and are billed in fractional increments.
Prepare for your meeting with the attorney. For efficiency and convenience, prospective clients need to be adequately prepared for their first meeting with a probate attorney.
Get the closure you deserve. Probate is considered closed once the executor feels they’ve uncovered all assets and debts belonging to the deceased individual and a final accounting has been ...

Should I hire a probate attorney?

Whether or not to hire a probate attorney depends on a variety of elements. You want to consider how comfortable you are navigating probate, how complicated your state laws are and how big or extensive the estate itself is. There are certainly some horror stories associated with probate court.

What services does a probate attorney offer?

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.

Can a probate attorney help administer a trust?

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?

Do I need a lawyer to handle an estate?

If the estate that you're handling and doesn't contain unusual assets and isn't too large, you may be able to get by just fine without a lawyer's help. To determine whether or not you may be able to go it alone, ask yourself the questions below.

HOW TO HIRE A PROBATE LAWYER

Unfortunately, probate can be a complicated area of law. Over the years, our courts have become very complex. The probate court can be a confusing, difficult place for people without a competent attorney. Although there is no requirement to do so, in most cases, the best way to protect your rights is to hire a competent probate attorney.

The Initial consultation should be free and specific

The initial consultation (first meeting) should be treated as an interview of the lawyer. A thorough review of your issues is the only way to adequately quote a fee and ascertain whether that probate attorney is the right person for you.

Hire a Probate Lawyer: Communication is important

Phone calls should be promptly returned and the client should be fully informed of the case at all times. Your attorney should have more than one avenue of communication such as telephone, fax, email, meetings, etc. Make sure you are comfortable with your lawyer.

Probate is a highly specialized field

Be cautious with the attorney whose practice includes multiple areas. Many attorneys practice probate law as a means of supplementing their income. You need an attorney who knows probate law so well that the attorney does not waste energy or time learning the law which may be costly and cause delays.

Can I use a lower level attorney at a small firm?

You will likely be well served by a lower level attorney within a big firm or a practitioner at a small firm. But if there are complex trusts, large-value assets held within incorporated entities, etc., you very well might need something more than a single practitioner or small estate firm can provide.

Do executors get along with estate attorneys?

Finally, as estate executor you have to be able to get along with the estate attorney because you will have to work with him/her relatively often. This does not mean you expect to be best friends, but it should be someone you trust and respect.

Can an executor live in a different state than the decedent?

Many people who serve as executor or executrix live in a different state than the decedent (will writer). While determining which state’s law will govern the administration of the estate can be complex, you can generally assume the law of the state in which the decedent resided will be the law that will need to be followed. ...

What is the first step to take when you wind up an estate?

If you read the conventional advice for executors, the first step is usually "hire a lawyer. ". And you may well decide, as you wind up an estate, that you want legal advice from an experience lawyer who's familiar with both state law and how the local probate court works. Not all executors, however, need to turn a probate court proceeding ...

Can you wrap up an estate alone?

(If you don't know the answers, ask a lawyer—before you agree to hire the lawyer to handle things for you.) The more questions you answer with a "yes," the more likely it is that you can wrap up the estate without a professional at your side.

Can assets be transferred without probate?

Ideally, all assets can be transferred to their new owners without probate court. Some common examples of assets that don't need to go through probate are assets are held in joint tenancy, survivorship community property, or tenancy by the entirety. Assets held in a living trust can bypass probate, too.

Is probate a UPC?

If the state where the deceased person lived has adopted a set of laws called the Uniform Probate Code, probate should be pretty straightforward. In UPC states , most probates are conducted with minimal court supervision. A few other states have simplified their procedures without adopting the UPC.