what type of lawyer do you go to recover inheritance

by Russel Greenholt 10 min read

Seek Legal Help with a Probate Attorney
If you know your inheritance has been stolen, the best first step you can take is to seek legal advice from a probate attorney.

Full Answer

Will our probate attorneys recover my inheritance?

We will shoulder the burden and advance all court costs and attorney’s fees. If and only if our probate attorneys recover your inheritance, will any fees be owed. You can be rest assured that our probate attorneys will do everything in their power to obtain a positive result for you.

What does an inheritance lawyer do?

Inheritance lawyers handle a variety of different legal issues. First and foremost, an inheritance lawyer will be the representative of the individual that hires them, who may be receiving an inheritance.

Do I need an attorney to find unclaimed inheritance money?

As a rule, all that is required is your Social Security number and proof that you are the rightful heir. While it's easy enough to search for unclaimed inheritance money yourself, there may be times when hiring a professional or an attorney who specializes in finding unclaimed property is worth the expense.

What to do if you have an inheritance issue?

If you have any issues regarding inheritance, you should contact an estate lawyer for advice. A lawyer near you specializing in wills and estates can help answer questions you may have about the laws of your state. They may also provide various services, such as drafting a will or representing you in court.

What can a probate attorney do for you?

LEARN MORE Our Probate Attorneys Will Help You Regain Control & Hold the Administrator of Your Loved One’s Estate Accountable. Resolve Disputes & Salvage Family Relationships

Do probate attorneys shoulder the burden?

If and only if our probate attorneys recover your inheritance, will any fees be owed. You can be rest assured that our probate attorneys will do everything in their power to obtain a positive result for you.

Do probate attorneys have to pay retainers?

Traditionally, probate attorneys & inheritance lawyers require a huge retainer upfront. They bill thousands of dollars on a monthly basis…without an end in sight. This has unfairly posed a roadblock for many beneficiaries who need skilled probate attorneys to protect their inheritance.

What is inheritance law?

Inheritance law is the body of law that dictates who receives property when someone dies. Inheritance law controls which deceased person’s survivors (the friends and relatives they left behind) inherit the deceased person’s (decedent’s) property. Different states have different inheritance laws.

What are Common Law Inheritance Rule States?

In states with common law inheritance rules, inheritance is “ownership-based.” This means that whomever held title, legally owned the property. Who owns property is determined by the name on the title document. In some instances, the deceased spouse may have owned all of the property. Most common law states have inheritance laws that prohibit the surviving spouse from receiving nothing. In such states, the surviving spouse may claim anywhere from one quarter (¼) up to one third (⅓) of the property of the decedent. The legal term for what the spouse is claiming is an “elective share.”

Does Inheritance Law Affect Other Relatives?

Generally, inheritance law does not require that children inherit property. Under most state intestacy laws, both spouses must be deceased before children can inherit. A spouse can leave a specific bequest to one or more children in a will. If the will is valid, the child will receive the bequest.

Can I Dispute a Claim of Inheritance?

If an inheritance is in dispute, with two people each claiming ownership, the disputing parties may file a complaint in probate court or surrogate’s court. The judge will listen to each party’s argument and review each party’s evidence. The judge will then make a ruling as to who inherits the property.

Do I Need the Help of a Lawyer With Issues Related to Inheritance?

If you need advice regarding an inheritance situation, you should contact an estate lawyer. An experienced estate lawyer near you can evaluate your situation, advise you as to your rights and options, and represent you in court.

Do I Have to be Related to a Deceased Person to Inherit?

This means that the person’s estate (property) is disposed of (distributed to others) according to state law. Generally, state intestacy laws do not provide for inheritance by non-relatives.

What happens if a person dies without a will?

If a person dies without a will, the person dies intestate. This means that the person’s estate (property) is disposed of (distributed to others) according to state law.

Gary Todd Dupler

I agree with my colleagues. You should hire an attorney who is not only versed in probate procedure, but also is experienced in litigation. Many probate filings are not adversarial or contested, but your situation is shaping up to be a contest.

Christopher Irvin Simser

A Probate Attorney familiar with the County and the courts where the property is located

Joseph Michael Pankowski Jr

Attorney McMahon is correct. You need to consult with an experienced probate litigation attorney to provide you with your options going forward. Good luck to you.

Ruth Elaine McMahon

Please consult an estate litigation attorney in the county where the property is located.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

Who inherits your estate?

Who inherits your estate depends not only on what you bequeath in your will, but state law can override some provisions in your will. Find out what your rights are and how to protect your estate.

What happens to an unclaimed inheritance when a loved one dies?

When a loved one dies, the heirs may be unaware that there are forgotten funds sitting out there in the deceased's name — especially if the loved one kept poor financial records or hadn't updated their will. If family members don't make an effort to claim this money, an unclaimed inheritance becomes the property of the state, ...

What happens if you don't claim inheritance?

If family members don't make an effort to claim this money, an unclaimed inheritance becomes the property of the state, which can be a tragic loss if someone in the family really needed the cash.

What happens when heirs fail to claim property?

When the heirs fail to claim the property within a specified period of time (the dormancy period) it passes to the state's unclaimed property division , a process known as escheat.

How long does it take to write a will?

Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?

Why is it important to have a last will?

You know having a last will is important—it protects your family and provides for your final wishes. Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes.

Can you avoid probate by drafting a living trust?

By drafting a living trust, designating beneficiaries, and holding property jointly, you may be able to avoid probate.

Colin Lansford Guy

Without knowing the name of any of the potential parties I cannot provide any specific legal advice, as it is possible that a conflict of interest could exist. Generally, you should consult with an attorney with experience in this area, who may be able to provide an initial assessment after checking to ensure there are no conflicts...

Craig F. Young

While I agree with most of the observations of the other attorneys, one important consideration is producing the will or a copy thereof. It will be very hard to prove any specific rights under the will if you cannot prove what it says. Without the will, you may be forced to proceed as though your mother died without one. More

Steven John Clausen

Whether you want the will probated or have property pass by intestacy will depend on what will provides for you. Hire a Texas probate attorney to advise you. More

Maria Sara Lowry

The four-year deadline is to open an administration. You may not need one. You DO need to pay for a consultation with s probate lawyer and probably need to hire a probate lawyer.

John Gus Zgourides

You can still apply for probate, but you have lost some of your options by allowing more than 4 years to pass. The will can still serve to pass title to real property. See a probate attorney immediately.