what to expect at the reading of the will with the lawyer

What is the first meeting with an attorney?

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.

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.

Is it expensive to hire a trust lawyer?

Hiring a trust and estates lawyer is almost always expensive. Learn how to save money by hiring the right lawyer, preparing for your first meeting, and making the most of your lawyer's time.

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.

Do lawyers charge for consultations?

Attorney consultations vary, depending on the attorney’s preferences. Some lawyers charge for a consultation, others don’t. Some will only hold consultations over the phone, but some will let you come in (this is best, so that you can get a better feel for the attorney).

What is the basic information in a will?

This makes it clear what's meant by references in the will to terms such as "my children" or "my wife." It also shows that the person made the will with close family members in mind—and that if they aren't left any property, it wasn't accidental.

Do executors have to post bonds?

The Executor's Bond. Most wills state, either in the clause that names the executor or separately, that the executor is not required to post a bond. A bond is an insurance policy that protects the estate if the executor steals or squanders estate funds. If the will says no bond is necessary, the estate will save the cost of the policy.

What does "personal effects" mean in a will?

Courts commonly define the term personal effects fairly narrowly, to mean items that someone wears or carries, or that have some "intimate relation" to the person. The term "personal property" is usually given its standard legal meaning, which is all property that isn't real estate.

Can you leave property to a child?

Another way to leave property to children is to make gifts under a law called the Uniform Transfers to Minors Act (UTMA), which has been adopted in every state but South Carolina and Vermont. You may find a clause that looks like this:

What to do if a deceased person leaves a child?

If the deceased person left children under 18, and there is no surviving parent able to raise them, look for a will clause that names a "personal guardian" for the children. This is the person who will raise the children.

What is a will legal?

In some states it's legal for people to refer, in their wills, to another document that lists tangible items of property and who is to inherit them. If there's such a list, you'll find something like this in the will:

What is a testamentary trust?

A trust is an arrangement under which one person controls and manages property for another. Trusts created in wills are called testamentary trusts.

What is the purpose of a last will and testament?

A last will and testament is a legal document that establishes how someone—referred to as the testator—wants their estate distributed when they die. A will identifies beneficiaries, and it states what each of them should receive of the deceased's property. It determines when and how each beneficiary receives their gifts, ...

Who is Julie Garber?

Julie Ann Garber is an estate planning and taxes expert. With over 25 years of experience as a lawyer and trust officer, Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications. She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994.

Is the reading of the will real?

Movies, television, and books sometimes depict scenes involving "the reading of the will," but this is an outdated, fictional scenario. It doesn't happen in real life, at least not in this day and age.

What is a heir at law?

Heirs-at-law are so closely related to the decedent that they would have had a right to inherit if the decedent had not left a will, so they might seek to have the will throw out or declared invalid if they're not named in it. 5 .

Who is Tom Catalano?

Tom Catalano is the owner and Principal Advisor at Hilton Head Wealth Advisors, LLC. He holds the coveted CFP designation from The Certified Financial Planner Board of Standards in Washington, DC, and is a Registered Investment Adviser with the state of South Carolina. A last will and testament is a legal document that establishes how ...

Will there be a will in 2020?

There Might Not Be a Will. A 2020 survey by Caring.com indicates that the number of people who had a will in 2020 was 25% less than those who did in 2017. It's not a foregone conclusion that the deceased left one.

Who is named in a will?

A will also names an executor who will be in charge of guiding the estate through the probate process. It will most likely name a guardian or guardians to raise a couple's minor children if they have any and they should die in a common event . Most individuals will learn that they're named in the will because they'll receive a copy of it.

Who can read a will?

Generally, the executor is the only person who will (and must) read the will. If they choose to allow others to read it, that is their choice, no laws say they must. Although some feel that it would do more harm than good, the executor is within their legal rights to refuse when/if asked, even if that person is a family member. Any beneficiary who is entitled to receive a part of the estate, may not be entitled to see the will. And entitled to find out what they’ll be receiving from the estate, therefore must be informed of being a beneficiary. This does not mean that they need to be given a copy of the will, or shown the original will, however; they can simply be told of the contents. Plus, they only need to know what they are receiving, and not what anyone else who is mentioned in the will will get. After the grant of probate has been issued and is completed, the original will is submitted to the Probate Registry, and it becomes a public document so anyone, whether they are involved in the estate or not, can see what was written in it. If you need to apply for probate, please use our online application form. Once submitted our team of probate professionals will be in touch with a fixed fee cost.

Can a beneficiary see a will?

Any beneficiary who is entitled to receive a part of the estate, may not be entitled to see the will. And entitled to find out what they’ll be receiving from the estate, therefore must be informed of being a beneficiary.

How long does probate last?

While probate can be lengthy, lasting anywhere from a few months to two years, the process is necessary to settle all of the decedent’s unresolved matters while ensuring his final wishes are carried out properly.

Where do you file a will for probate?

To initiate probate, the appointed executor files the original signed copy of the will with the probate court in the county where the estate resides . In most cases, the estate’s address is the same as the decedent’s primary residence at the time of death.

Can a will be read during probate?

Contrary to common belief, a ceremonial “reading of the will” does not occur during probate. Perpetuating this myth are the fictional portrayals of effervescent gatherings where the decedent’s attorney reads the will to the surviving family. In reality, most relatives never see the will -- once the executor files for probate, the court is in permanent possession. Curious parties can request a copy of the will for review from the court clerk after probate concludes, but unless a person explicitly requests it, the will is not available for reading.

What happens before dividing an estate?

Before dividing any portion of the estate, the court must settle any unresolved claims against the decedent, including outstanding debts incurred during the decedent’s lifetime, liens against the primary residence or other property, overdue child support obligations and similar debts.

What is a pour over will?

The last will and testament might be a " pour-over will ." This type of will often comes into play when the deceased had a revocable living trust that was not completely funded prior to his death — not all his assets had been placed into the trust's ownership. This type of will simply directs that any property left outside the trust should be moved into the trust at his death.

Who are the heirs at law?

Heirs at law are individuals who are so closely related to the decedent that they would have inherited from her if she had not left a will. All states have prescribed lists detailing who these people are.

Can a will be read by anyone?

Remember that a will becomes a public record for anyone to see and read when it's filed for probate with the state court. The beneficiaries of the will can request that the probate judge seal the court records to prevent the general public from viewing it under certain circumstances.

Who must receive a copy of the will?

The accountant for the estate must receive a copy of the will if one is appointed. He must understand any instructions the will gives for paying off the debts of the estate.

Kevin Don Montgomery

No, there is no official reading of the will by an attorney. However, most jurisdictions require the engagement of an attorney to have the will admitted to probate and to have the nominated executor officially cloaked with authority by the probate court.

Sherrille Diane Akin

TV shows make a big deal about the "reading of the Will" when, in fact, there is no such process. It is nice that your wife and her sister could sit down and discuss the contents of the Will, but that conversation has no legal meaning, and still would have no legal meaning if an attorney had done it.