what to ask a probate lawyer

^{Questions to Ask a Probate Attorney}

1. Do You Specialize in Probate Law? It is important to find out if the probate attorney you are meeting with is a true specialist, or just a generalist who ...
2. Do You Have Experience In Front of the Court Where My Case Will Be Heard? ...
3. Have You Handled Similar Cases? If So, What Was the Outcome? Experience with cases similar to yours is essential, so ask about the past experience of the probate attorney. ...
4. What Kind of Time Frame Do You Anticipate? Once again, every probate case is different, and the time frame for completion can vary widely. ...
What Kinds of Issues Do You Anticipate? All kinds of things can crop up in the course of a probate action, and it is important to be ready for ...
Can I Reach You If I Need You, Even Outside Office Hours? ...
What Fees Will I Be Asked to Pay?

Why is it so important to hire a probate attorney?

What do probate attorneys do?

• For preparing, drafting and filing the probate documents effectively and timely
• For securing all the assets of the decedent (be it probate assets or non probate assets)
• For obtaining the real value and conducting the actual appraisals of the assets
• For conducting the life insurance process, if any.
• For managing bills and final payments of the decedent

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What are the main duties of a probate attorney?

• Important Facts About This Occupation
• Education and Skills. If you're a prospective estate lawyer, you typically must attend law school to earn your Juris Doctor degree, and then pass your state's bar exam.
• Salary Information and Job Outlook. As of March 2021, Payscale.com reported that estate planning attorneys made a median annual wage of $78,000.

Why do you need to hire a probate attorney?

What Does a Probate Lawyer Do?

1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. ...
2. Access the Estate Faster. Probating can be a lengthy process – it often takes over a year. ...
3. Prevent Claims Against the Estate. ...
4. Prevent Rejection. ...
5. Answer Questions. ...
6. Deal with Debts Properly. ...
7. Avoid Overpaying. ...
8. Stay Away from Lawsuits. ...

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How do I choose the best probate attorney?

• What area of law do you specialize in?
• What percentage of your practice is devoted to probate (litigation, administration, planning)?
• How many situations similar to mine do you handle in a year?
• How often you do work on conflicts that end up in getting litigated?
• Described the timeline of how my case should proceed?

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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.

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.