what questions should i ask a probate lawyer about an executor

Questions may include how long the attorney has practiced in probate law, what type of experience he or she has with the probate court that will handle the deceased’s estate, and what the attorney’s fees will be, as well as how they will be paid.

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What questions should I ask a probate attorney?

A qualified probate attorney can be a wealth of information in these difficult situations, and contacting such an expert should be high on your to-do list. When you do have your first meeting with the probate attorney, you should be prepared with these critical questions. 1. Do You Specialize in Probate Law?

Are you asking the right questions when working with an estate attorney?

If you are working with an estate attorney, asking the right questions can make a world of difference and minimize the stress and financial pain involved with this difficult time in your life. Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death.

Do attorneys who don’t focus on probate/estates represent their clients?

My experience confirms that attorneys who don’t focus on probate/estates are less likely to properly represent their clients in estate matters. Unfortunately, I have seen the results of attorneys with little experience in estate law try to take on cases which end up on my desk after unreasonable delays.

Are you prepared for your first meeting with a probate attorney?

A qualified probate attorney can be a wealth of information in these difficult situations, and contacting such an expert should be high on your to-do list. When you do have your first meeting with the probate attorney, you should be prepared with these critical questions.

What does it mean when a deceased leaves a pour over will?

If the deceased left a pour-over Will, it means that the assets mentioned be put in a trust. A probate attorney with estate planning or trust administration skills can be of great assistance. 12.

Can a decedent's assets be frozen?

In the blink of an eye, a decedent’s assets can be heisted, pillaged, squandered, or frozen. Probate attorneys help to execute the deceased’s estate plan or intestacy laws so that this doesn’t happen.

How long does it take to close a probate case?

A simple probate case could be decided within a week, while a complex action could take months to close.

Is probate a specialized area of law?

Probate law is a very specialized area of the law, and it is important to seek out an attorney with expertise in this area. You can find out a lot about your proposed probate attorney before you even get to the office.

Is a probate attorney a guarantee?

Every court is different, and every probate judge runs his or her courtroom in a specific manner. Working with a probate attorney who knows the ins and outs of the courtroom where your case will be heard can be a huge advantage, so be sure to ask about this specific expertise. Hiring a local probate attorney is no guarantee ...

Can a probate attorney give you a figure?

Even so, an experienced probate attorney should be able to give you a ballpark figure, based on the paperwork and documentation you have provided. Be sure to get information about fees and expenses in writing. Even if the figure is just an estimate, it will give you something to work with and make your life a lot easier.

What should an experienced attorney know?

An experienced attorney should be able to tell you which nuances of your case may cause delays and how to plan for them. Knowing this information in advance can help you obtain any necessary paperwork in advance, saving time. 6.

Do probate attorneys know immigration?

Some attorneys know immigration very well, others are proficient with criminal law, yet others primarily focus on real estate closings. When hiring a probate attorney, ask them (or look at their website) about other areas of law they practice.

What is probate after death?

If the person dies leaving behind a will, it is the process of “proving up” that will and transferring the person’s assets to his or her living heirs. This is the most common type of probate.

When do you file a final accounting for an estate?

A yearly accounting must be filed each year that the estate is open. A final accounting must be filed when the estate is closed. The administrator must continue to ask for court approval on all major transactions until the estate is closed.

What happens after a testamentary hearing?

After the hearing, the executor receives the Letter of Testamentary granting authority to act on behalf of the deceased. This document can be taken to banks and financial institutions, stockbrokers, title offices, etc. who will follow the executor instructions to transfer assets.

What is a dependent probate administrator?

The term “dependent” refers to the administrator’s need to get the court’s approval for the transactions that are a normal part of the probate process , such as the sales of real estate or personal property.

Why do you need a bond for a deceased person?

The court may also appoint the appraisers who will determine the value of the deceased’s property to prevent the stealing of estate assets or the cheating of heirs.

What is a full estate plan?

A full estate plan involves a list of specific instructions as to whomever you want to be in charge of administering your estate, how you want things managed, and how you want your assets distributed. The plan can include a Declaration of Trust (describing your assets like property, savings, stocks, bonds, retirement accounts, etc.).

What is estate planning?

Estate planning is the process of making the necessary decisions to put a person’s (or a couple’s) affairs in order and to state your wishes on what should happen with your assets and property should you pass away or become incapacitated.

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.

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 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 ...

Why is it important to speak with executors?

If they choose you as their executor, it is important to speak with them, so you are prepared to carry out their wishes efficiently. Taking initiative and having conversations now can save time and unnecessary stress in the future.

What is the responsibility of an executor?

Accounting for assets and liabilities is an executor’s primary responsibility. If the information about assets and liabilities and their location is current and accessible, it’ll make everyone’s life easier. Asking the testator (maker of the will) to maintain an updated list along with their estate planning documents can be helpful in guiding you as an executor.

What documents do you need to keep in a safe deposit box?

Important documents may include wills, trust documents, birth certificates, marriage certificates, divorce decrees, military discharges, etc. Knowing where to find these documents is essential. An executor needs to be able to find and access the documents easily.

Can a successor trustee access a revocable trust box?

If the box is in the name of a revocable living trust, the successor trustee can access the box without going to court. It may be wise to keep copies of these important documents with an estate planning attorney. 2.

Do digital assets come to mind when planning an estate?

Digital assets may not immediately come to mind when you think about estate planning! Nevertheless, most people have an online presence. If the testator has not updated their estate plan recently, they may have neglected to include their digital assets.

Do you have to have your wishes spelled out in a will?

The individual may have included these preferences in their will, but it’s helpful to have their wishes spelled out in a separate document, as well. In general, the more specific they can be, the better. Family members and loved ones may have different recollections of someone’s wishes.