why meet with lawyer after death of parent

After a spouse or a parent passes, navigating the probate process can be extremely complicated. Even when someone has a will in place, there are many logistical issues and legal matters involved with administrating an estate. Getting legal counsel can help remove a lot of the uncertainty and difficulty from this challenging time.

Full Answer

What happens to a power of attorney when someone dies?

The probate attorneys at Fair Share Lawyers put together a list of steps to take and things to know when a loved one dies. If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers. A power of attorney is no longer valid.

What questions should you ask an estate attorney after a death?

Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death. Is the Previous Power of Attorney Still Valid? You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force.

How does the death of a loved one affect the estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

What should I do when a loved one dies?

It is important to notify everyone you know when a loved one dies. Not only will they want to attend the memorial service, but they may have an interest in the estate as well. You should also contact an estate attorney about the notification process, including required death notices in the local newspapers and elsewhere.

GET THE ANSWERS YOU NEED

You will likely have a lot of questions about what is going to happen and what needs immediate attention. You should not have to scour the internet to get information from unreliable sources. You want to talk to a knowledgeable and trustworthy Probate Lawyer who will thoroughly answer your questions about Pennsylvania’s probate laws.

EVALUATE ASSETS AND OBLIGATIONS

A Probate Lawyer can help you inventory real and personal property as well as financial liabilities. Legal assistance in this area helps to prevent oversight.

BE READY TO ADDRESS CLAIMS

After a person passes, there could be several types of claims against his or her estate. Creditors can make claims for outstanding debt. It is also possible that someone may try to challenge your loved one’s final wishes. Legal counsel will help you assess the validity of specific claims against the estate and respond appropriately.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

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 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.

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 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.

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.

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 are the challenges of a loved one's death?

The death of a loved one presents many daunting challenges, including negotiating a potential minefield of legal decisions and activities. In these frightening economic times, you will be tempted to avoid lawyers and either handle the legal matters yourself or ignore them completely. Please don't, because you don't know what you don't know.

How long do you have to file a lawsuit against someone who died?

For example, if your loved one died as a result of the negligent or intentional behavior of another person, you may have only one year from the date of your loved one's death to file a lawsuit against the perpetrator.

How to find an estate lawyer in Ohio?

To find an estate law specialist in your state, contact the American College of Trust and Estate Counsel at www.actec.org or 310.398.1888. Another resource for locating estate lawyers is the comprehensive lawyer directory, Martindale-Hubble, which you can reach at www.martindale.com or 800-526-4902. Your faith affiliation may have referral resources as well; for example, the Christian Legal Society (CLS) has a lawyer referral service that lists areas of practice. Contact CLS at www.clsnet.org or 703.642.1070.

How to be a wise consumer of legal services?

Be a wise consumer of legal services. Interview several lawyers before choosing one. Question the lawyer about his or her credentials, experience, staff, and timeline for working on and finishing your case . Look for a lawyer who sensitively listens to you, candidly answers your questions, encourages collaboration, and considers you a member of the legal team.

What happens if an estate is closed?

You may feel that if the estate is closed quickly, you will get over your grief quickly. This is a common perception that is usually not grounded in reality, because you will get through your grief only as you diligently do your grief work.

Where to contact a lawyer in Ohio?

Contact the local bar association where you live. The Dayton (Ohio) Bar Association to which I belong maintains lists of lawyers who handle various kinds of cases, including estates.

Is probate justified?

Probate has gotten negative publicity in recent years; some of it is justified, and some of it is not. Release your expectation of quickly finishing your loved one's estate; that may or may not be possible. You may feel that if the estate is closed quickly, you will get over your grief quickly.

1. What is the Probate Policy for British Columbia?

Unless your loved one went through the process of advanced estate planning before their death, the house and estate will have to go through the local probate process before any assets can be spilt up amongst the beneficiaries.

2. What are the Monthly Expenses?

It is important to ask the estate lawyer questions related to the ongoing expenses and upkeep of the property, such as:

3. What Should I Do with the House?

When it comes to inheriting a house, there are three options that you can choose from: 1) keep the house for personal use. 2) rent the house. 3) sell the property.

4. How Much is the House Worth?

No matter what you are planning on doing with the property you have inherited, knowing the value can give you insights into how to best split the property between multiple heirs or if selling is the best option. Consider asking a realtor for a comparative market analysis to find out the estimated market value of the house.

What happens if there is not enough money in an estate?

But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.

Can you fight a will?

No one is fighting. If disgruntled family members want to contest the will, or are threatening a lawsuit over the will, get a lawyer's help right away. You may be able to head off a court fight—which will consume more money and time than you can probably imagine—or at least figure out how to win it.

Do you owe estate tax?

The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger. If you will be responsible for filing an estate tax return with the state where the deceased person lived or owned real estate, you should get legal and tax advice. An estate tax return is not a do-it-yourself job.

Is probate easier in states?

Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.

Do you need probate if you have a trust?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.