what makes a bad probate lawyer

First of all, you want someone who communicates clearly; many lawyers have a terrible habit of throwing around legal terms that clients have no way of understanding. You also want to work with someone respects your efforts to learn about probate and, if you wish, to do some of the work yourself.

Full Answer

Why avoid probate?

Why Avoid Probate? The two main reasons to avoid probate are the time and money it can take to complete. Remember that probate is a court process, and along with the various proceedings and hearings, simply gathering assets and paying off debts of an estate can take months or even years. Why does this matter?

What happens if you don't pay your lawyer?

The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What happens if your lawyer stole from you?

State bar associations are primarily concerned with punishing lawyers (though rarely severely), not compensating clients. But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Should I dump my bad lawyer?

But dumping a bad lawyer can be expensive. If you hire a new lawyer, you'll have to pay him or her to get up to speed on your case. If the first lawyer hasn't done much, this shouldn't cost a lot.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How do you know a bad lawyer?

There Are 12 Warning Signs That You Hired a Bad Lawyer and How to Avoid Them in the Future Lack of Enthusiasm. ... Ineffective communication. ... Attitude Disagreements. ... Inefficient. ... Imprecise Billing. ... Unethical Conduct. ... Failure to Establish a Track Record of Success. ... Pessimistic Attitude.More items...•

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

Can lawyers lie to their clients?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

What's the best color to wear to court?

Darker, more serious colors are preferable, and bright colors should be avoided. The best colors to wear to court are “conservative” colors (white, blue, navy, gray, and the like) and to steer clear of crazy patterns and shocking fashion statements.

Why do attorneys take so long to respond?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

What is reasonable response time for a lawyer?

Scott Aalsberg Esq. A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

What Is Probate, Anyway?

Probate is a court process that oversees how your estate (the money, possessions, and real estate you own at the time of your death) is distributed to your inheritors. The process involves establishing that your will, if you have one, is authentic and valid under the law.

What Are the Benefits of Avoiding Probate?

People often make significant efforts during their lifetimes to avoid probate after their deaths. It’s not uncommon to spend quite a bit of time and money, or to hire a lawyer, in pursuit of probate avoidance. Common reasons for wanting to avoid the probate process include the following:

Common Methods for Avoiding Probate

If you’ve decided that you would like to avoid probate, here are some ways to do so. Some of these measures, such as naming beneficiaries on your bank and retirement accounts, are extremely easy to take; you can accomplish them in mere minutes. Others, such as creating a living trust, require a larger investment of time if not money.

How to avoid probate?

Other ways to avoid probate include the following: 1 Holding property jointly so that the other owner takes full ownership upon death (e.g., joint tenancy with a right of survivorship, tenancy by the entirety, community property in community property states); 2 Designating beneficiaries on life insurance and retirement accounts, to whom benefits pass directly upon death; and 3 Designating beneficiaries on pay-on-death (POD) bank accounts or transfer-on-death (TOD) investment accounts.

Why does probate matter?

Why does this matter? Well, it probably does to the heirs. While an estate is in probate, the heirs will not see anything in the form of inheritance. The probate process can take even longer if the will or any provisions in it are contested.

Can you have your assets pass directly to your heirs?

As you can see, avoiding probate is often preferable, and the only way to do that is to have your assets pass directly to your heirs . There are several ways to accomplish this, but one of the easiest is to create a living trust.

Who distributes the trust property after the grantor dies?

The grantor also chooses a successor trustee, who will distribute the trust property according to the grantor’s instructions after the grantor’s death. Notice there was no mention of probate because with a living trust, all of this happens without involving the probate court or probate law.

Is probate a dirty word?

Indeed, the word “probate” has almost become a dirty word in the world of estate planning, but is its bad reputation warranted? For the most part, yes, but read on for more information about what probate is, why you might want to avoid it, and how to do so.

Do all wills go through probate?

Generally, in order to probate a will, the document is filed with the probate court, which appoints a personal representative to handle the estate’s affairs.

Can you avoid probate when you pass away?

Accordingly, whether or not you should aim to avoid probate depends on your specific circumstances. By creating a living trust, you can help your family avoid probate when you pass away. LegalZoom can help you create a living trust online in three simple steps.

Why is probate important?

This, after all, is the whole purpose of probate: it’s a court of legal standing ensuring that the property is properly and lawfully distributed in the manner that the decedent wished.

What is probate in a will?

Probate, after all, is the normal course for processing a person’s will. It’s simply designed to manage, settle and distribute the client’s property according to the terms of the will. Some people may spend so much time and energy avoiding probate that it ends up costing them money in the end.

How long does probate take?

1. It doesn’t have to take forever. For many estates, probate is a normal, uneventful process. While it can indeed take years in some instances, for most routine estate settlements, it’s not nearly that bad. In Florida, for instance, the average probate process is about six months. One study showed that in Texas, the beneficiaries of a will tend to get their payout four to eight months after the onset of the probate process. Some other states move even faster than that. For the proper, legal disposition of a person’s entire possessions, that’s not so bad.

How long can creditors make claims against an estate?

In California, for instance, if creditors do not submit their claims on the estate within four months after the executor is appointed, they risk forfeiting all claim to the money they’re owed.

Is probate fun?

Probate is no fun, and for a large or complex estate, it can indeed be lengthy and expensive. But it’s not the end of the world. Clients who do things like push all their assets into a joint tenancy for no reason other than to avoid probate may find that causes more headaches than it’s worth.

Is probate a headache?

Many clients focus on setting up their estate and their will with the express purpose of avoiding probate. And certainly, probate court can be a headache — an expensive headache — for a client’s heirs.

Can a living trust be used to avoid probate?

A living trust can only do so much. Many clients try to avoid probate by loading all their assets into a living trust, but they shouldn’t depend on everything being covered. Inevitably, the client will accumulate something too late in life to add it to the trust, or something will get overlooked.

Organizing Your Estate Poorly

Never underestimate the power of good estate organization. At the very least, it can save your family some headaches when it comes time for probate. At best, it will ensure that your property goes to the people you care about rather than becoming lost and turned over to the state government.

Ignoring Small Estate Procedures

Every state offers simplified probate shortcuts for small estates. These shortcuts can save you money while speeding up the probate process, but only if you pursue them. Depending on your location, you may qualify for probate with less court supervision or no court sessions at all.

Hiring an Inexperienced Attorney

When choosing an attorney to assist you with estate planning or probate court proceedings, experience matters. It could cost you and your loved ones a significant amount of time and money if you aren’t represented by a knowledgeable probate attorney with a reputable track record.

Benefitting Creditors by Avoiding Probate

There are many ways to avoid probate to save your beneficiaries time, money and hassle after your death — but probate avoidance isn’t necessarily the best option for everyone. While probate certainly has its downsides, choosing to opt out can make you ineligible for some worthwhile benefits.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

Where to go if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

Can a lawyer make a mistake?

It's not enough to show that your lawyer made a mistake -- you must show that the mistake caused you financial loss that you would not have suffered if your lawyer had handled your case properly in the first place.