what to ask when talking to lawyer will

by Miss Berneice Bins PhD 6 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.

Full Answer

What questions should I Ask my Lawyer when making a will?

Here are some questions you should ask your lawyer when making your will: 1. Is Estate Planning Your Field Of Specialisation? You should work with a seasoned lawyer specialising in wills and estate planning.

How do you ask a lawyer for information by email?

If you send information by email, then briefly tell your lawyer why you are sending the information. If you have a question, then ask the question and explain why you want to know the information. For example, you could write: “Hi, Megan. You wanted to see copies of my doctor’s bill for May 21, 2016.

Should you ask questions when hiring a lawyer?

If a lawyer rushes you or makes you feel that your questions are naĂŻve, you may need to keep looking. Taking the time to ask questions at the beginning will give you a much better chance of having a solid and successful attorney-client relationship.

Should I hire a lawyer to make a will?

If your situation is complicated, make sure that you find a lawyer who works specifically with wills and estate planning. Otherwise, if all you need is a simple will, a lawyer who has broad knowledge of many subjects such as estate planning will be able to do the job.

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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 are good questions to ask lawyers?

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...•

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What are two questions one should ask of their attorney?

Ask the attorney what experience they have had in similar matters....You should be aware of what will be involved going into the representation.What Communication Will You Have With Me? ... What Will I Be Required To Do? ... What Is This Going To Cost Me? ... How Long Will It Take To Resolve The Matter?

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...•

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 approach a lawyer for the first time?

First time speaking to a lawyer? Let's make this easy, start with “hello.”There is no such thing as a quick question.Collect your thoughts, find the time, and find the place to have the conversation.Let the lawyer lead the conversation and ask the questions.Patience.More items...•

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'.

How do you answer a lawyer question?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

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 do you expect from a lawyer?

Your Lawyer Should be Ethical represent their clients with undivided loyalty. keep their clients' confidences. represent their clients within the bounds of the law, and.

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.

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 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.

How to find a good estate lawyer?

Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.

How to save money with a lawyer?

To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.

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.

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.

Your rights

The rights related to talking to a lawyer are called the right to counsel. The police must tell you about your right to counsel without delay.

Services while in custody

If you need to talk to a lawyer while you're in , the police must tell you about the Brydges duty counsel service. This is a service provided by Legal Aid Ontario. It gives free legal advice to anyone in Ontario who is detained or arrested. It is available 24 hours a day, 365 days a year.

What should a lawyer outline?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.

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 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.

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 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 ...

What to consider when choosing an attorney?

Consider who your attorney has worked with most often. Are their clients typically corporations or individuals? These unique experiences could influence how they approach and handle your case.

Why do people ask specific questions?

Most people who need a service ask specific questions to help them make a good decision, and this same approach should also be taken by someone who’s in need of legal services.

Is it beneficial to have a lawyer practice in the same courthouse?

It may be beneficial for your lawyer to have practiced in the same courthouse where your case will be . They will have had interacted with and experiences its judge and can, therefore, evaluate the expectations for your case.

Can you ask a lawyer how many cases similar to yours?

C) In relation to the previous sub-questions, it’s okay to ask the lawyer how many cases similar to yours they’ve won. Remember: this is a “job interview” for the attorney. It’s similar to an employer asking you how about previous successes that are relevant to the role for which you’re applying.

What to ask a lawyer about communication?

Ask what the lawyer expects from you. Communication is a two-way street. You should ask your lawyer if he or she has any expectations for how you will communicate.

How to tell your attorney what to do if you don't know?

If you don’t, then you won’t know what information to tell your attorney. Take notes if you talk to your lawyer in person or over the telephone. Store your notes in the same place. For example, you might want to keep a special notebook for your case. Always review your notes before contacting your attorney.

What to do if you don't understand something your lawyer has said?

If you don’t understand something your lawyer has said, ask for clarification. You can say, “I don’t understand what ‘injunction’ means. Can you explain that?”

What to do if your lawyer doesn't give you copies of your documents?

Your lawyer should also send you copies of documents filed in your case. Keep these and read them. If your lawyer doesn’t give them to you, then ask for copies . You may have to pay a small fee.

How to communicate with a lawyer?

1. Ask your lawyer how he or she communicates. Each lawyer is different. Some might prefer to communicate by email. Others may communicate by telephone. At your first meeting with the lawyer, you should discuss how you will communicate. Try not to demand that the lawyer use your preferred method of communication.

What to do if communication has broken down?

If you feel communication has broken down, address your own shortcomings. For example, you might not get requested information to your lawyer until right before a deadline. This makes it very difficult for a lawyer to represent you. Think about why you are struggling to communicate with your lawyer.

What to say when your lawyer takes more than a day?

If your lawyer takes more than a day, then you should ask why it took so long. You can say, “Thanks for the call. I actually called you three days ago. Were you too busy to respond?”

What are the two types of clients?

Before you wonder why this one’s asked when it sounds so much like the previous one, know this: there are two different types of clients…. Business and individual. If you’re just an individual looking for representation, you’re going to want a lawyer that works specifically with individuals and not businesses.

Can you arrange things out of court without an attorney?

In the legal industry, there a variety of processes moving forward. Sometimes an arbitrator would be suitable. You can arrange things out of court without the need for an attorney, too. And the reason for asking is that you might have considerably less cost to worry about. 9.

Do all lawyers charge the same percentage of your winnings?

In many areas of law, all lawyers will charge a similar percentage of your winnings for their attorney fees. That said, why not go with someone who has experience with your specific type of case?

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Is Estate Planning Your Field of Specialisation?

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You should work with a seasoned lawyer specialising in wills and estate planning. An estate lawyer can give you that added peace of mind that your will can be successfully accepted in probate courts when you’re no longer around. Remember that you’ll no longer be physically present to prove the validity of your will, so you …
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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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