questions to ask a lawyer when getting a will

by Lavern Weber 5 min read

In Order to Move Forward With Any Lawyer, First Ask These Ten Questions.

  • 1. How Long Have You Practiced Law? There’s, of course, no right answer to this one. The more experienced can serve as a more confident guide, but ...
  • 2. What Types of Cases Do You Manage? We’re going granular here, defining exactly just how good of a fit the lawyer might be. You’ll want to know ...
  • 3. Who’s Your Typical Client? Before you wonder why this one’s asked when it sounds so much like the previous one, know this: there are two different ...
  • 4. How Many Similar Cases Have You Taken On? Better yet, ask that lawyer how many he or she has won. You don’t need to be shy about it. Remember: this ...

5 Questions An Attorney Will Ask When Drafting A Will
  • What Do You Hope To Achieve With A Will? ...
  • What Is Your Family Situation? ...
  • What Assets Do You Own? ...
  • Where Do You Want Your Assets To Be Distributed? ...
  • Who Will Be Responsible For Your Estate?
Jul 23, 2019

Full Answer

What are the best questions to ask a lawyer?

In Order to Move Forward With Any Lawyer, First Ask These Ten Questions. 1. How Long Have You Practiced Law? There’s, of course, no right answer to this one. The more experienced can serve as a more confident guide, but ... 2. What Types of Cases Do You Manage? We’re going granular here, defining ...

What questions should I Ask my Lawyer?

Apr 09, 2015 · Here are some basic questions you should ask potential counsel before choosing legal representation. Experience Ask about the lawyer's practice and familiarity with cases like yours. One: Have you handled this type of case? This …

What questions to ask a DUI lawyer?

An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed.

What are good questions to ask a personal injury lawyer?

May 19, 2021 · 10 Questions to Ask an Attorney About Living Trusts. Find out what to ask your attorney about living trusts so you get the most out of this powerful document. by Brette Sember, J.D. updated May 19, 2021 · 4 min read A living trust is a document that allows you to place assets into a trust during your lifetime. ...

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What questions should I ask when preparing a will?

5 Questions to Ask Before Writing Your WillHow should I express my intentions? ... Who makes sure my intentions are carried out? ... What is a trust? ... How much inheritance tax will my heirs owe? ... What if I want to leave money to charity?

What should I know before making a will?

With so many intricacies to the law, U.S. News has identified five important things to keep in mind when preparing your will:Don't make it yourself. ... Identify your assets. ... Joint property with a spouse falls outside the will. ... Be careful in selecting guardians and trustees. ... Beneficiary designations override wills.Sep 26, 2012

Will making questions?

Questions to askWhat will my funeral arrangements be?Who will get my property and assets?What happens to my debts?Who will look after my non-adult children?What will happen to my pets?What will happen to my business?Will Inheritance Tax be payable? ... Do I want to give anything to charity?

What are the most important things to put in a will?

What are the Most Important Things to Put in a Will?Personal Information. This should go without saying, but your will should include basic information about you to be official. ... Last Will and Testament Verbiage. ... Property and Assets. ... Beneficiaries. ... Executor. ... Guardianship. ... Signatures.

What are the four must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

What are 5 things lawyers do?

What Lawyers DoAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

Should we make a will?

It is important for you to make a will whether or not you consider you have many possessions or much money. It is important to make a will because: if you die without a will, there are certain rules which dictate how the money, property or possessions should be allocated.

How do I write a will?

Essential InformationWrite a title. ... Name the executor of your will. ... Name a guardian for any minors. ... Organize and inventory assets. ... Name the beneficiaries. ... Write your residuary clause. ... Sign your will with witnesses. ... Store your will someplace safe and update it when necessary.Dec 6, 2021

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

What is an attorney who can answer this question well?

An attorney who can answer this question well is an attorney who is attuned not only to the legal challenges at hand, but also to the way clients think about them. They’ve also likely worked with clients like you. They’ll be able to provide context upfront that answers your questions before you find yourself confused by a complex legal issue or legal language.

How many bills has Jerry Brown signed?

California Gov. Jerry Brown recently completed acting on the 1,217 bills that came across his desk this year. He has signed 1,016 of them into law, with the majority taking effect...

Do attorneys quote hourly fees?

While most attorneys will quote you an hourly rate or a fixed fee upfront, it’s important that you understand what this quote does and does not cover. For instance, will you also be responsible for reimbursing the attorney for expenses, such as transportation?

Can an attorney give an estimate of how long each phase of a project will take?

Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind.

Is it difficult to get a complete picture of someone's personality?

No matter who you’re interviewing, it’s difficult to gain a complete picture of someone’s capabilities and personality over the course of an interview. This difficulty is compounded when you’re someone without a legal background who’s interviewing an attorney.

Do attorneys have conflicts of interest?

Attorneys are responsible for divulging any potential conflicts of interest, even if they are never directly asked a question about them. However, it’s usually not a bad idea to inquire about them yourself.

What happens if my wife doesn't have a will?

If she did not have a will, then the property will depending upon the circumstances pass to those heirs named in the Texas statutes on Intestacy. Hire a lawyer. If your wife had a will that left everything to you then you need to probate it. If she did not have a will, then the property will...

What time do you call a lawyer?

Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

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

What to do if your child is raped?

If your child was raped, you may be able to file a lawsuit against a party or parties that both Perpetrated the assault, as well as who may have been negligent in allowing that assault to happen. You should discuss your Daughters case with counsel in your jurisdiction to investigate the possibility of bringing a civil action against the perpetrator and/or other culpable... Read More

Is a business name the same as a trademark?

A business name and a trademark are not the same thing. However, your description says you can find him on the Internet using the name to promote his business. That use gives him priority in Trademark law. There will be other questions you find as you seek to open an e-commerce web site or App. In my experience, working with a lawyer as you begin will save you a... Read More

How much does an estate lawyer charge per hour?

Depending on the lawyer and their firm, it could vary from a $100 per hour to $1000s per hour. Flat fee – These are an option for cases that are more predictable, such as the drawing up of an estate plan. If this is what they offer, make sure to ask whether or not there are services and expenses that aren’t covered.

What is the job of a prosecuting attorney?

Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. Entertainment Law – Deals with issues largely related to Intellectual Property law, rights, royalties, and contracts. Environmental Law – Enforces regulations, statutes, treaties, or conventions according to state or federal laws.

What are the duties of a criminal defense attorney?

Criminal Law – Handles issues pertaining to individual liberty and behaviors that may be considered illegal under U.S. criminal codes.#N#Defense Attorney – Defend the accused of their crimes as is their constitutional right.#N#Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. 1 Defense Attorney – Defend the accused of their crimes as is their constitutional right. 2 Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party.

What is statutory fee?

Statutory fee – Some forms of legal work have legally set fees involved. Once you’ve gone over payment, request an estimate of total cost. Although, in many cases, it’s impossible to give you an on-the-number appraisal, having a ballpark figure can help you determine if you can afford it and then budget accordingly. 6.

What is a trust after death?

A trust is designed to function during your life and after your death. A will provides for the distribution of all of your assets upon your death. It only provides instructions for what will happen to your assets after you die.

What is a living trust?

A living trust is a document that allows you to place assets into a trust during your lifetime. You continue to use the assets, but they are owned in the name of the trust. You name a trustee who is responsible for managing and protecting the assets in the trust. After your death, the assets in the trust are distributed to ...

Why are living trusts so popular?

Living trusts offer a variety of benefits, which is why they have become so popular. Living trusts allow your estate to avoid probate. By doing so you avoid the costs associated with having a will probated, but you also avoid the delay associated with probate. It can take months for a last will to be probated, but when you create a living trust, ...

Can you name yourself as trustee of a trust?

You can choose anyone or even a corporation as your trustee if you prefer. If you name yourself, you will need to name a successor trustee who can step up to manage the trust after your death.

What is a revocable trust?

A revocable trust (one that can be altered during your lifetime) does not avoid estate taxes that are applied by your state or the federal government. A special kind of living trust called an AB trust passes assets directly from one spouse to another and avoids estate tax. Living trusts do not pass through probate, ...

Do you need a power of attorney for a living trust?

Living trusts have all of your assets already placed in the ownership and management of a trust, so that should you become incapacitated, they are already being handled for you. Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf ...

Should I have a will?

Should I Also Have a Will? Most attorneys agree that if you create a living trust, you should also have a will. This will, sometimes called a pour over will, is your insurance. In case there are any assets left out of your trust, the will directs that those assets be placed into the trust.

What is the goal of hiring an attorney?

For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.

Can you represent yourself in divorce?

Most states allow individuals to represent themselves in the divorce process. And, it’s more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route – which means you can, too.

Is it a good idea to talk to a lawyer about divorce?

If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.

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