what lawyer can help me when there is no will envoved

Full Answer

Do I need a lawyer to make a living will?

If you have a good grasp of healthcare law and the direction you want for your future medical care, you can DIY a living will. Anyone with complex estates or assets may want to use a lawyer for reliable legal advice and polished estate planning documents.

Is your lawyer not helping you through difficult life?

Life can sometimes be very difficult for some folks. For people who are experiencing separation or divorce, life can seem challenging. Furthermore, when you feel that the attorney you hired is not doing all they can to support you during this difficult time, life can really seem insurmountable.

Did your loved one's lawyer keep the original will?

Although your loved one’s attorney probably kept the original will, it’s customary that he would have sent a copy home with his client. This can be important if you don't find the original.

What to do if your lawyer is not supporting your case?

You have some options when you feel that your lawyer is not supporting your case and fighting for your rights. Separation and divorce are difficult, and you need to have someone working for you that understands all the nuances of the divorce proceedings. Good lawyers possess the necessary knowledge about divorces to benefit you and your situation.

What are some assets that are not passed by will?

First, it's important to understand that many kinds of assets aren't passed by will, such as: life insurance proceeds. real estate, bank accounts, and other assets held in joint tenancy, tenancy by the entirety, or community property with right of survivorship. property held in a living trust.

What happens if no relatives are found?

In the rare event that no relatives can be found, the state takes the assets. All states have rules that bar certain people from inheriting if they behaved badly toward the deceased person. For example, someone who criminally caused the death of the deceased person is almost never allowed to profit from the death.

What happens if a deceased person is married?

If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and if there are no children.

How to create a common law marriage?

Generally, to create a common-law marriage, the couple must live together, intend to be married, and present themselves to the world as married. Check your state's law to see whether your state recognizes common-law marriage and, if so, under what circumstances. Same-sex couples. After a long period of uncertainty, ...

Who is the first choice in probate?

Most states make the surviving spouse or registered domestic partner, if any, the first choice. Adult children are usually next on the list, followed by other family members.

Can a survivor be married to a deceased person?

To qualify as a surviving spouse, the survivor must have been legally married to the deceased person at the time of death. Usually, it's clear who is and isn't married. But not always.

Can a child be adopted by an unrelated adult?

Children adopted by an unrelated adult or family. In most states, placing a child for adoption severs the legal tie between the child and the birth parents. The child can no longer inherit from the birth parents under intestate succession laws, and the parents can no longer inherit from the child.

Wills Do Not Need an Attorney

Yes, a will is valid if you do not have it drawn up by an attorney. There are do-it-yourself options you can use to create your legal documents.

Using a Notary for Will Signing

You also do not necessarily need a notary for your will. Many states allow a person to sign their will before two witnesses instead of having it notarized.

What You Need for a Will to Be Legal

A will needs to be signed and dated. In most states, you also need two witnesses to watch you sign your will.

Get These Documents Together for Your Last Will and Testament

A general will shows how you want your property and possessions handled. You may need to find and record:

Living Wills for Medical Care

A living will tells doctors the kind of medical care you want after an accident or illness leaves you unconscious or unable to explain your choices.

When to Use a Lawyer For a Will

Anyone with complex estates or assets may want to use a lawyer for reliable legal advice and polished estate planning documents. The time it takes to read and understand all laws, prepare documents, and pay for any mistakes is more than the average person wants to spend. There is also a large amount of risk involved.

Is a DIY Will Right For You?

The choice is up to each individual. Online wills can save money for simple will creation. You can create a valid will without a lawyer's help if you are of sound mind and do your research.

A Will: Definition

It is a legally binding document stating your wishes and decisions regarding ownership, assets distribution, wealth management, and other responsibilities that you handle currently.

Disputing a Will

The will of the testator is read and executed with the help of succession planning lawyers. It may so happen that the will has not justified or evaded you entirely. Your contributions may have been significant, and you feel that you have not received your fair share.

The Need for Will Dispute Lawyers

The grief of the death of the testator and the will can cloud your rational judgements. Hiring a will dispute lawyer can help you see the accurate picture.

How Can A Lawyer Help You With The Will Dispute?

Once you are firm that you will dispute the will, succession planning lawyers can explain all the legalities involved in the process, like the statute of limitations, to contest the will.

What to do if a lawyer doesn't ask for documentation?

Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.

What does a probate lawyer want to know?

In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.

What to talk about at a lawyer consultation?

At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.

How to save money on legal fees?

To save money on legal fees, take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that lawyer will have to spend on your case . Even eliminating one email exchange could save you hundreds of dollars.

How to save money on trust and estates?

Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

What happens at your first meeting with an attorney?

The first meeting with an attorney usually involves the exchange of a lot of information.

What to do if an attorney promises a particular outcome?

First of all, if an attorney promises a particular outcome, find another attorney. There are typically too many other people involved, each having his/her own opinion of a matter, for one person to guarantee an outcome. (And the rare attorney that always wins is smart enough to never make such a promise.)

Why won't my lawyer take my case?

If the case is one which is charged by the hour or on a flat fee. There are three basic reasons lawyers won’t take the case. You are the plaintiff, and you don’t have a legitimate claim. You are the plaintiff and the lawyer knows that the legal fees will cost substantially more than you have a chance of winning.

What does it mean when a lawyer sets off alarm bells?

These alarms tell us that there is a serious problem with you or your case. And under those circumstances, lawyers may choose not to take on your case, even if the case could be worth a lot of money.

Why do attorneys refuse to take cases?

Maybe it’s because they are too busy. Maybe it’s because they don’t specialize in that area of the law.

Do lawyers want to take your case?

The fact that lawyers do not want to take your case therefore, seems to speak more about the merits of your case. It is difficult to find a lawyer to take your case if the lawyers do not believe your case has adequate legal merit. You have not said what type of case it is or any of the facts involved in it.

Can you pay a lawyer if you won?

You have no money to pay the lawyer and would make so little even if you won that the lawyer would lose money even if they won. Your case is so bad the lawyer knows you will lose and you can't pay them yourself. There is no right of legal representation for civil cases and most civil lawyers word on contingency.

Do public defenders get paid?

They get paid by the state or the client or by the other party if you win and the court orders them to pay court costs. However you are constitutionaly entitled to a lawyer in a criminal case. Unfortunately the law doesn't say they have to be a competent lawyer.

What to do if tenant is evicted?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.

Why would a landlord want to evict a tenant?

There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.

What happens when you file an eviction notice?

Once the eviction notice is filed with a local court, then the clerk will send a summons to the tenant and also provide the landlord with a court date for a hearing. At this stage, both the landlord and the tenant should be collecting evidence to support their arguments for and against the eviction at the hearing.

What to do if tenant forgot to pay rent?

If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.

What happens if a landlord removes a tenant's personal property?

If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.

Can a landlord throw away a tenant's belongings?

A landlord is not allowed to throw away a tenant’s belongings before they have received an official court ruling. When a landlord partakes in this conduct, such as removing the tenant’s personal property or changing the locks to their apartment, it is known as a “self-help” eviction.

Can you stop an eviction?

A tenant can also stop an eviction if they have a valid legal defense against the claim.

What happens if you don't find a will?

In most states, if you fail to locate a will, the law presumes that it’s because your loved one revoked it before his death by destroying it. The court will probate his estate as though he died intestate -- that is, without a will. However, if you were able to find a copy, you can try to convince the court to honor it.

What to do if you can't find an attorney?

If you can’t find the attorney, you’ll have to figure out where he might have placed the will when he stopped practicing. Some state probate courts accept wills for safekeeping before the testator’s death. If yours does, call the court to see if the attorney transferred possession of the will to the court. If not, the court might have knowledge of ...

How to find out if an attorney has made a major contribution to a charity recently?

You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

How to find out if a lawyer drafted a will?

Call your state’s bar association to find out if it still has contact information for him. Check the phone directory for personal listings of people with the same name. Attorneys don’t often list their home phone numbers, even after they’ve retired, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you. You can also contact other local attorneys, especially those who practice estate law. Lawyers are often a tight-knit group and some of them may have stayed in touch with him. You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

Can a lawyer toss a will into the trash?

If your loved one left his last will and testament with his attorney for safekeeping, the attorney can’t toss the will into a trash bin when he decides to retire or close his office. Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents.

Can an attorney call you after retirement?

Attorneys don’t often list their home phone numbers, even after they’ve retired, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you . You can also contact other local attorneys, especially those who practice estate law.

Can you find the original will of a loved one?

This can be important if you don't find the original. If you can't find the attorney, and if you can’t determine where he put his documents when he stopped practicing, consider what your loved one might have done ...

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.