what to ask a lawyer about probate

Here are some questions you may want to ask:

• How many probate cases have you handled?
• Do you charge by the hour, a flat rate, or some other way?
• Do legal assistants in your office do some of the work, at a lower hourly rate?
• If I want to handle some of the probate work myself, to keep fees down, are you willing to work with me?

More items...

Full Answer

Do I really need a probate lawyer?

In short, yes. However, while you can often manage the process of probate on your own, sometimes, an estate is complicated or big enough to consider retaining one. If this is something you don't want to go through alone, consider getting help from the experts at EZ-Probate .

How do you choose a probate attorney?

• Biographical information, including undergrad, law school, years practicing. Do they appear to have expertise in the area of probate, trusts and estates, or estate planning?
• Online search results. ...
• References. ...
• State bar association. ...
• Additional certifications. ...
• Membership in local, state, or national associations. ...
• Payment. ...
• Your special needs. ...

What are good questions to ask an attorney?

Ask the lawyer A number of questions arise: Can you show the tenant’s demand ... Do you know the expression “no good deed goes unpunished”? Bottom line: Consultation with counsel here also is advisable. Is the tenant’s conduct a breach of the ...

Is it necessary to hire a probate attorney?

A probate attorney can make the stressful and confusing process easier for family members and for the person in the role of executor, but hiring an attorney isn’t always necessary.

How long does it take to probate an estate?

The answer to this depends on the size of your estate. Smaller estates can take a few months, while larger estates can take up to a year or more to probate. As one of the questions to ask an attorney, this probe helps weigh their field expertise.

What are the issues that can complicate probate?

Sometimes the will has very ambiguous clauses or gifts that can trigger intestacy. Jurisdiction problems, Will challenges, and a beneficiary’s death are also other issues that can complicate probate. The best probate attorney should have experience in these matters.

Can creditors make claims that the executor does not believe he or she is eligible?

Creditors can make claims that the executor does not believe he or she is eligible. Measurement problems may arise. Your attorney can review the legal issues surrounding your case and provide you with legal advice.

Can a probate lawyer dispute a will?

A probate lawyer can help to dispute a will if you suspect its authenticity. They can help, via the courts, remove a will executor who is biased or mismanages the estate.

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.

Do all assets go through probate?

When planning your estate, it’s important to remember that not all assets go through probate when you die. An estate planning attorney can help to create a will and plan your estate with strategies such as joint tenancy and trusts.

Do attorneys list fees?

Attorneys don’t list fees on their sites, so seek clarity before on this matter before you hire. Sometimes they use standard fees or hourly rates. Get the answers in advance to avoid unexpected expenses and nasty surprises after the probate process.

What to ask probate attorney about case?

Experience with cases similar to yours is essential, so ask about the past experience of the probate attorney. Have they recently handled a case that was similar to yours in size, scope and complexity? If so, what was the outcome of that case? Were there any unexpected twists and turns, or did the case go largely the way the attorney expected?

How to find out about probate attorney?

You can find out a lot about your proposed probate attorney before you even get to the office. Start by taking a look at the company website – does it list multiple specialties or focus on probate law? Once you are in the office, you can discuss past cases, levels of expertise and training and other critical areas.

What to do when probate office is closed?

All kinds of things can crop up during a probate action, and you may need to reach an attorney or paralegal when the office is closed. Ask about the procedure for doing so, and how you can reach someone if something unexpected comes up.

How to get an accurate time frame for probate?

When you meet with the probate attorney and discuss the specifics of your own probate case, ask for their estimate of the time frame. Be sure to provide all of the relevant details, and bring copies of all of the paperwork that may be needed. The more the probate attorney knows about your case, the easier it will be to provide an accurate and realistic time frame.

How to test probate law firm responsiveness?

You can also test the responsiveness of the probate law firm during and after your initial meeting. Send an email in advance of the scheduled meeting and see how long it takes for someone to respond. Give the office a call and ask to speak to a paralegal. Does someone answer the phone right away, or are you put on hold? Does the staff seem friendly? Is it easy to get answers to your questions? If the firm is unresponsive now, their response time is unlikely to improve once you are a client.

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.

Can a probate attorney predict everything?

Even the most experienced probate attorney cannot anticipate every possible twist and turn or predict everything that might happen. Even so, the greater the level of expertise and courtroom experience, the more prepared the attorney can be when the court date rolls around.

What is probate attorney?

A state-licensed probate attorney serves as an advisor for the executor and beneficiaries. Their day-to-day responsibilities may vary but their assistance is invaluable.

What documents are needed to be filed in probate court?

If a will exists, then the original will and death certificate also need to be filed in court.

What is probate process?

The term probate refers to various steps such as the verification process, the court where the issue is handled, and the distribution of the deceased’s assets.

What assets need to go through probate?

An attorney will be able to best advise on which assets need to go through probate, especially when it comes to retirement accounts, life insurance, and property that’s held in a living trust.

How long does it take to get a probate?

The probate process can vary in length of time, but generally, completion can take a few months to a year (or more). The main determining factors on this duration includes the number and type of assets and the state’s legal requirements.

Is a car probated if it is owned by a deceased person?

In many instances, shared property is also subject to probate. There are instance s when probate is not necessary. For example, if the deceased co-owned assets with their spouse. These assets may be exempt from probate, if held as joint tenants or tenants by the entireties.

Is probate a straight forward process?

In most cases, the probate process is fairly straight forward. Especially if you have the help of a professional. But sometimes there can be a few issues that occur. One example is if family members challenge the validity of the will. These unforeseen instances are where a probate attorney can be especially helpful.

What other areas of law do you practice?

Estate attorneys often have to represent clients in other areas of law. When you hire a probate /estate attorney, ask them about the different fields they are knowledgeable and experienced with such as immigration, criminal defense, or real estate closing transactions.

Do you regularly practice before the court to which my case will be assigned?

Many attorneys know immigration law very well and others are proficient in criminal cases. When hiring a probate attorney, make sure they have experience with other areas of the law so you’re not surprised when your case is one that’s out of their expertise.

What is your experience in this area?

This question will give you a sense of whether or not the attorney has had any previous probate law matters like yours, and how difficult it was for them to solve similar problems—as well as what they would recommend moving forward if faced with another estate law case.

What is the approximate time frame for completion?

This can be a difficult question to answer as many factors come into play, but in my experience, it generally takes about six months from probate being granted until everything has been processed and finalized by all parties involved and distributed accordingly.

What are the estimated legal fees and are there any other fees?

How much you may have to pay for legal fees depends on the type of fee. A flat rate is a set price for an entire case and hourly rates are closer to what your attorney charges by task, but both can be expensive depending on how long it takes them.

1. What is the Probate Process in Wisconsin?

In Wisconsin, any estate that is worth more than $50,000 must go through probate unless the property qualifies under certain exemptions. Those exemptions could include property that is titled in the name of a Trust, jointly owned with rights of survivorship or has a payable on death designation.

2. How Are Debts Handled Through Probate?

Debts can actually begin being sorted out before the probate process begins. For heirs, it’s important to organize debts into two categories — liabilities that need to be continued through probate and liabilities that can be paid off after probate.

3. How Long is the Probate Process?

This is usually one of the most frequently asked questions by those going through the probate process. Unfortunately, there is not a one fits all answer to the question.

4. Do I Really Need An Attorney For Probate?

In Wisconsin, you do not need an attorney to go through the probate process. However, the process is complicated and can be full of pitfalls where someone could get in legal trouble if it is not done properly. The probate process is much more than just splitting up assets. The probate process also includes:

5. How Long Have You Been Practicing in Probate?

Experience matters. You need an attorney who has been actively administering estates and knows the specific requirements of the probate court systems.