The estates of deceased lawyers typically have a right to attorneys’ liens on cases handled by the attorney so the heirs of the deceased attorney can enjoy the fruits of labor of the lawyer who passed away.
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. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side.
In some cases, the wills are transferred in bulk to another law firm when a lawyer retires, and similar notices are made.
A new lawyer might not be able to hit the ground running. Second, consider whether you have changed lawyers before on this same legal matter. Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets.
An estate planning attorney is trained in matters related to passing on your assets after you die. Estate attorneys help you create draft documents and create plan so that your assets go to your intended beneficiaries without any court battles or big tax bills.
In Ontario there is a common-law rule of thumb that the executor of the estate has one year from the date of death to wrap up the estate; that is collect all estate assets, pay all estate debts and liabilities, and distribute the estate remaining assets to the beneficiaries.
There is no specific deadline for filing probate after someone dies in Pennsylvania. However, the law does require that within three months of the death, creditors, heirs, and beneficiaries are notified of the death. Then, within six months, an inventory of assets must be prepared and filed with the Register of Wills.
Starting from the date of death, the executors have 12 months before they have to start distributing the estate. This allows time to gather information on the estate and check for potential claims. The executors have no obligation to distribute the estate before the end of the year.
Once the Pennsylvania inheritance tax return is prepared and filed it can take the Department of Revenue up to one year to review and approve the return. It typically takes 6 to 9 months for the approval process but can take up to 1 year.
Although it seems elemental, the first step for any lawyer in any case is to identify the client. In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean?
When a beneficiary calls and a lawyer chooses to engage in a conversation, the lawyer must walk a careful line between providing general information about the estate (which is okay) and providing legal advice to a beneficiary (which is not okay). Another consideration at play is the attorneys’ fees.
So what’s a poor confused beneficiary to do? If you are an estate beneficiary, and you are confused by what’s going on or suspect foul play, the best thing you can do is to hire your own attorney. Your attorney can explain the probate process to you, obtain information from the estate’s attorney in an efficient way and, if necessary, file reasonable and legally sound pleadings on your behalf. Ultimately, this approach will not only make the estate lawyer’s job easier – it may also save the beneficiaries a considerable sum of money at the end of the day.
Common problems include pleadings that literally make no sense to anyone but the beneficiary, pleadings that fail to cite any law or cite the law incorrectly, and pleadings that are not properly filed and served upon other parties pursuant to the court rules.
No one, unless a beneficiary decides to obtain counsel. Unfortunately, some beneficiaries think the estate’s lawyer represents them too. For free. As a result, they call the lawyer’s office. And call. And call again.
So that beneficiary, and any other beneficiaries who will receive percentage distributions, will ultimately receive less money. Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries.
A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries.
Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.
If you believe that professional conduct was violated, you can report your attorney for ethics violation.
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.
Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.
Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.
Notify your attorney in writing that you have decided to terminate his or her services. Be sure to mention how you would like a copy of the contents of your case file (mailed to you, to your new attorney, or provided to you in person, for example).
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.
But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.
More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.
The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger. If you will be responsible for filing an estate tax return with the state where the deceased person lived or owned real estate, you should get legal and tax advice. An estate tax return is not a do-it-yourself job.
Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.
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.
Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.
During the probate process, the personal representative (which is sometimes referred to as the executor) will inventory the estate of the deceased. Occasionally, documents or assets that the personal representative knows about may be difficult to find. A missing asset may have been misplaced over time, but problems can arise if suspicions arise ...
Similarly, people may seek the transfer of title through undue influence, obtaining ownership of valuable vehicles or real estate. When a personal representative suspects assets are missing, or when an heir or other beneficiary believes that property has been taken by someone close to the deceased, prompt legal action is critical.
In some instances, it may be possible to recover an asset by agreement, such as a family heirloom that was taken without permission of the probate court. However, in some situations it may be necessary to prove fraud, undue influence or breach of fiduciary duty in court. For that reason, seeking the help of experienced trial counsel at the first sign of trouble can help you to protect your inheritance rights.
I agree with my colleagues. In fact, most attorneys will not hold the client's original documents. They are the client's documents and the client should safe-keep them. As a separate issue, it is always a good idea to work with attorneys who have succession plans in place.
Keep your own original files. Attorneys are not obligated to hold onto files for 20 years.
Best practices to avoid this: the attorney should not hold the client's original estate planning documents. Clients should retain their own originals and the attorney should give the client guidelines for best practices for safekeeping and maintenance of originals.