im heir to an estate what lawyer do i need

You need to hire your own probate

lawyer to see what is happening with the estate. The attorney for the personal representative only represents the estate and not any of the heirs. If neither the attorney nor the personal representative will return your calls, your best remedy is to have your own representation.

Full Answer

Can a probate attorney give advice to other heirs?

The probate attorney only has as a client the personal representative. The probate attorney has certain ethical duties towards the other heirs, but these do not include talking to them or giving them advise.

What should I consider when hiring an estate attorney?

There are a few factors to consider before you hire a specific estate attorney. Here are things to you’ll want to consider: Where is the attorney located?—When selecting an estate attorney, select one in the state, and even the region within that state, where the will writer lived.

How to hire an estate attorney as an executor?

Here are a few tips to hire an estate attorney: You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. Ask about the fees. How will the estate attorney be compensated for her work?

Do I need a lawyer to wind up an estate?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

How to hire an estate attorney?

Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: 1 You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. 2 Ask about the fees. How will the estate attorney be compensated for her work? Will she charge you by the hour or is there a flat fee based on the will and size of the estate? 3 Ask about the process. Will you work with the person you are talking to or a team of people? If it will be a team, make sure you meet those people as well. Paralegals can play a significant role in this process – so meet them if they will be involved.

Why is it important to have an estate attorney?

Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at your side to help manage your executor duties.

Do you have to file a will with the probate court?

Even what may seem to be the simplest will, where one where a spouse gives everything to the surviving spouse, still has to be filed with the probate court.

How to prove a deceased person died with a will?

This can be done by showing the estate trustee identification or providing an affidavit.

What happens if a person dies without a will in Ontario?

Deceased died without a Will. If a relative of yours died without a will in Ontario, then there will likely be a relative of the deceased appointed as estate trustee. You will need to uncover who has been appointed or who is acting as estate trustee.

What documents do you need to prove your relationship to the deceased?

You may then have to prove your relationship to the deceased, which can include showing the estate trustee documents such as birth, marriage and death certificates, in addition to providing one or more affidavits.

What happens to an estate when a person dies?

When a person dies, all of their assets become part of their estate. No one can act for an estate unless they are formally appointed by the court (generally called the register of wills or some similar name.) So no one can do anything with assets that are in a deceased name until they have been designated as an executor (will) or administrator (no will). However, if the decedent had no assets in their own name...

Can an estate be a will?

No one can act for an estate unless they are formally appointed by the court (generally called the register of wills or some similar name.) So no one can do anything with assets that are in a deceased name until they have been designated as an executor (will) or administrator (no will).

How to choose an attorney for a will?

There is no one-size-fits-all when it comes to selecting an attorney. Here are things you’ll want to consider: 1 Where is the attorney? Select one in the county or state where the deceased resided. Laws vary from state to state, so you want to have an attorney who knows the specifics in the state where the deceased legally resided. 2 How complicated is the will? Some people have simple wills, giving all their assets to a small number of beneficiaries. But other wills contain complex distributions and may even reference trusts or other detailed arrangements. The more complicated the will, the more you need to consider getting an attorney who is an expert in the area. A general attorney who knows their way around the probate court may be good for a simple will. But if the will is complicated, you want to select an estate attorney or law firm with experience with complex wills and more difficult distributions. 3 How complex are the assets? If assets are high in value, held within incorporated entities, or in complicated trusts, you want to select an estate attorney or law firm with experience in these areas.

What is an executor adviser?

The Executor Adviser is an advice column created by Executor.org for Legacy. Executor.org's experts aim to help readers with questions about executorship and provide comprehensive, free online resources to guide executors through this complex process.

Does a lawyer represent the PR?

While I think it is always better to keep the lines of communication open, and to cooperate with all of the interested parties, the lawyer technically represents the PR and not the beneficiaries. Of course, the PR is required to act in the best interests of the beneficiaries, so the lawyer has an interest in making sure this happens.

Do you need a probate lawyer?

You need to hire your own probate lawyer to see what is happening with the estate. The attorney for the personal representative only represents the estate and not any of the heirs. If neither the attorney nor the personal representative will return your calls, your best remedy is to have your own representation...

Does a probate attorney talk to other heirs?

The probate attorney only has as a client the personal representative. The probate attorney has certain ethical duties towards the other heirs, but these do not include talking to them or giving them advise. There are at least three good reasons why the lawyer for the personal representative will not talk to other heirs:...

How to prepare your estate for your heirs?

1. Establish a budget for your final arrangements or purchase a pre-paid funeral plan during your lifetime. 2.

How to run a household?

Provide a budget of what it costs to run your household. 11. List your debts and bills. Include due dates, payment terms, and amounts owed. 12. List the insurance policies you have in force, their beneficiaries, benefits, due dates, and premiums paid. 13.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...