what to ask lawyer will

by Arthur Jacobson 10 min read

Quite simply, a good estate planning attorney should ask you what it is that you want to achieve with your will. Some things they may want to know are how important tax issues are to you, meaning how vital it is to you whether you are to paying high taxes or not.

5 Questions You Should Ask a Lawyer When Making Your Will
  1. Is Estate Planning Your Field Of Specialisation? ...
  2. What Should Be Included In The Will? ...
  3. Do You Also Execute The Will? ...
  4. Who Will Receive My Assets And How Much Will They Get? ...
  5. Do You Conduct Periodic Reviews?
Sep 8, 2020

Full Answer

What are the best questions to ask a lawyer?

Don’t hesitate to ask your attorney questions such as:

  • What is the timeline of this process?
  • What sort of paperwork must I have prepared for closing?
  • What do I need to arrange with my bank/ mortgage lender?
  • What available funds must I have in my bank account?

What questions should I Ask my Lawyer?

You seem to mainly want an acknowledgment and (presumably) an apology from your cousin. You should also explore with your therapist any other options you might have, including legal options.

What questions to ask a DUI lawyer?

Some relevant questions to ask include:

  • Are you available to represent me?
  • Will anybody else work on my case? If so, who else will work on my case? ...
  • Will you be the one representing me in court or will someone else be there? If so, who else will represent me in court?
  • Whom do I call with questions? ...
  • How do you prefer to be contacted?
  • Will I receive regular status updates? ...

What are good questions to ask a personal injury lawyer?

Here are the peer review rating systems that you should check out:

  • The Martindale-Hubbell Bar Registry ( www.martindale.com) has peer review ratings of more than 1 million lawyers across the country. It publishes short biographies of these lawyers. ...
  • The Best Lawyers in America. ...
  • Superlawyers. ...

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What questions to ask when setting up a will?

5 Questions to Ask Before Writing Your WillHow should I express my intentions? ... Who makes sure my intentions are carried out? ... What is a trust? ... How much inheritance tax will my heirs owe? ... What if I want to leave money to charity?

What questions should I ask my lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

Will preparation questions?

5 Questions An Attorney Will Ask When Drafting A WillWhat Do You Hope To Achieve With A Will? ... What Is Your Family Situation? ... What Assets Do You Own? ... Where Do You Want Your Assets To Be Distributed? ... Who Will Be Responsible For Your Estate?

What questions should I ask a lawyer about seeking help?

Questions you might ask your lawyerDo I have a problem that can be resolved by law?What legal risks am I facing?What documents do I need to support my case?Do I need statements from witnesses?What are my options for resolving the dispute out of court?How can I settle the case?More items...

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

Will making checklist?

Steps to Make a Will:Decide what property to include in your will.Decide who will inherit your property.Choose an executor to handle your estate.Choose a guardian for your children.Choose someone to manage children's property.Make your will.Sign your will in front of witnesses.Store your will safely.

How do you prepare a simple will?

What is a simple will?State that the document is your will and reflects your final wishes. ... Name the people you want to inherit your property after you die. ... Choose someone to carry out the wishes in your will. ... Name guardians to care for your minor children or pets, if you have them.Sign the will.More items...•

What questions should I ask about a trust?

5 Important Questions to Ask When Forming A TrustWhy do you need a trust?Who will the trust benefit?Who will administrate the trust, now and later?Which assets will fund the trust?What are the long-term tax consequences?

How do you know if your lawyer is working for you?

Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.

What questions should I ask my lawyer mentor?

Questions to Ask Your Mentor How is what I am learning in school different from what it will be like practicing? How did you become a [insert practice area] attorney? What is a typical work day like for you? What types of cases/projects are you currently working on?

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What is a will?

A will is one of the most important documents you’re going to make in your lifetime, even if you’re not necessarily a millionaire. As long as you’ve got assets to leave behind to your loved ones, a will can help ensure that these are distributed according to your wishes after your death. Estate Planning. By Lawyer Monthly Last updated Sep 8, 2020.

What to do after death?

Once you sit down, talk through what you want to be done after your death, provide your lawyer with the right documents, and ask what else should be included in the will. This will help you figure out which provisions should and shouldn’t be part of your will.

What should an estate planning attorney ask?

Quite simply, a good estate planning attorney should ask you what it is that you want to achieve with your will. Some things they may want to know are how important tax issues are to you, meaning how vital it is to you whether you are to paying high taxes or not. An attorney will also want to know whether or not you have children ...

How to get started with drafting a will?

To get started on drafting your will and other important documents, contact a licensed estate attorney so they can make sure that your estate plan follows state laws and accurately reflects your wishes .

How old do you have to be to have a minor in charge of your estate?

This is a type of trust that leaves assets to a minor, however they are kept with a trustee until the minor reaches a certain age, which is usually when they turn 18 years old.

How long does it take to get your estate passed to a minor?

The court will get involved in the process of distributing assets to a minor, which may take months to resolve.

Why is it important to make a will?

One very important part of planning a will is considering your family members. The purpose of a will is to make sure that your estate is taken care of according to your wishes once you pass. Most people leave part of or their entire estate to their loved ones. It is essential for your attorney to know if you are married, have kids, ...

What is the role of an executor in a will?

This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible for each trust. It can be a guardian or someone who will have power of attorney, which means they can make medical decisions on your behalf if you are incapable of doing so.

Do attorneys want to know if you have children?

An attorney will also want to know whether or not you have children with special needs, if you plan to pay for your children or grandchildren’s college tuition, etc. Such questions will help lead them in the right direction by better understanding what you need from a will.

When Should I Write My Will?

To best understand the questions to ask a lawyer when writing a will you first need to know when is best to start writing a will to begin with.

Questions To Ask A Lawyer When Writing A Will

These questions, as with the timing of writing your will, will depend on the specific financial situation you are in at the time.

A Question Of Property

What happens to your property after your death is known as estate planning, and is often one of the most important parts of will-writing given how much of an investment property is today.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

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 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 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.

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.

In Order to Move Forward With Any Lawyer, First Ask These Ten Questions

Think of the consultation as an interview. You’re hiring the lawyer. Put the attorney to the test, starting with this question….

Finding the Right Lawyer Is The First Step in Winning Your Case

You are, after all, as good as your representation. Your lawyer speaks for you. Therefore make sure you speak with that lawyer first to ensure he/she is the right one for the job. Find the best lawyer for you today.

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Is Estate Planning Your Field of Specialisation?

What Should Be Included in The Will?

  • Once you sit down, talk through what you want to be done after your death, provide your lawyer with the right documents, and ask what else should be included in the will. This will help you figure out which provisions should and shouldn’t be part of your will. In general, most people include the following in their will: 1. Funeral arrangements 2. D...
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Do You Also Execute The Will?

  • There are some will and estate planningattorneys who merely draft wills, while others can also execute them. Ask this question early on, because it’s best to work with the latter group. It’s more convenient to hire a lawyer who can also execute wills. That way, you’re guaranteed your will shall be executed exactly as you planned. After all, they’re the same lawyer who will work with you fro…
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Who Will Receive My Assets and How Much Will They get?

  • The question of how much each of your beneficiaries are going to receive will often be guided by your local laws. It’s best to ask your lawyer about this so that you have an absolute say on the distribution of your assets. This question becomes all the more compelling when your familial relationships are quite complicated, such as when you have illegitimate or adopted children.
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Do You Conduct Periodic Reviews?

  • Some lawyers conduct periodic reviews, while others don’t. A periodic review is done when the lawyer does a regular check for updates regarding any changes in your life situation. For example, have you acquired any significant assets after the time your will was made? Do you have new children? There could also be amendments in the law that can apply to you. Work with a lawyer …
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Conclusion

  • If you have no idea how to start drafting your will, the advice above provides you with a great starting point. The most important takeaway is for you to remember to leave this task in an expert lawyer’s hands. In doing so, you’re assured that your will is accurate, legal, and will be accepted in the probate proceedings. A will is one of the most important documents you’re going to make in …
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