Claim: you should go to a lawyer to get your will written. Support: you go to a doctor to get a prescription (because you want personalized advice). Warrant: getting a prescription and a will are similar enough such that you should want personalized advice.
Full Answer
You might have decided that you need a probate attorney's help, but you can still take some matters into your own hands. If you take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that your lawyer will have to spend, you can often save yourself some money.
Some lawyers will speak in generalities about your type of case, while others won’t mind getting into the nitty-gritty of your situation. At the consultation, be prepared to talk about your case and your goals. The lawyer may not get into too many details of your situation before you sign a fee agreement, but you should be prepared just in case.
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). Some lawyers will speak in generalities about your type of case, while others won’t mind getting into the nitty-gritty of your situation.
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.
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.
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.
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.
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.
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. ...
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.
The first meeting with an attorney usually involves the exchange of a lot of information.
The reason a person wants a Last Will and Testament is so they may decide what happens with their affairs (to the extent the law allows) after their death. You decide who gets what. You decide who handles the business affairs. You decide whether and how they are compensated.
These are your “heirs.” Your heirs would include a wife, whether they are a real wife or simply claiming they are your wife or spouse. Your heirs would include all of your children or those who might be your children, whether they are a legitimate child or an illegitimate child. You will need to identify your brothers and sisters as potential heirs. This is because it is likely the probate court whether you have a Will or do not have a Will, will insist these people be identified.
Executors have all those powers, plus the powers and authority you give them (to the extent you can give power) in your Last Will and Testament. This additional sets of powers can include the specifics of assets sales, assets given as part of your Codicil, and other matters you include in your Will.
Here are the differences: Executor = a male person who is named in your Will to take charge of your Estate. The Executor is responsible for wrapping up your paperwork and other legal affairs and distributing your assets to whomever you name in your Will. Executrix = a female who fulfills the role of an Executor.
They will have a period of time under the law to make claims against your estate. Your estate is the total amount of property you “own” after your death.
Persons who die without a Last Will and Testament are known as dying “intestate. ”. This means their property and the other matters relating to their death (from a legal standpoint) are decided according to the laws of intestate succession as applies to the state in which they resided at the time of their death.
It is normal in a Last Will and Testament to put a paragraph as to what your desires are for who should serve as a guardian/custodian for a minor child after your death. It is important to note; you do not have the power to decide who will actually be the guardian or custodian of your minor children after you die.
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