as a devisee, what should i ask an attorney?

by Lewis Auer 8 min read

You should ask the lawyer if he or she has ever been involved in a fee dispute. Another important question to ask is if the lawyer has ever been sued for malpractice, and how the lawsuit was resolved. You should also ask the lawyer if he or she has been subject to any disciplinary action by the state bar.

Full Answer

What should I Ask my attorney during an interview?

As you interview attorneys, ask if their office uses technology like Clio, MyCase, or other case management software that you can also use to message your attorney, review your filed documents and track the status of your case.

How to choose the right lawyer for your case?

A lawyer who has the right background can often save you time and money, all the while getting the best result possible. And don’t take a simple “Yes” for a sufficient answer. Ask follow-up questions, such as where and when any similar cases went to trial and their results, to ensure the attorney really knows the subject matter.

Do lawyers like to do the questioning?

Lawyers like to do the questioning--but when choosing one, make sure you ask a bunch from the start. 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.

What questions should I ask my divorce lawyer?

After you’ve laid out the path that led you to pursue divorce and shared the outcome you’re hoping to achieve after your divorce is final, ask the lawyer where they’ve seen things going off the rails in similar cases they’ve worked on. What red flags did your story raise for them?

image

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 questions do you ask a living trust?

10 Questions to Ask an Attorney About Living TrustsWhat Property Can Go in a Living Trust? ... Who Should Be My Trustee? ... Does a Living Trust Avoid Estate and Probate Taxes? ... What Are the Benefits of a Living Trust? ... What Are the Drawbacks of a Living Trust? ... Do I Still Need a Power of Attorney?More items...

What questions should I ask an estate planner?

Common questions about estate planningWhat makes up my estate? ... Who needs estate planning? ... What makes up a well-designed estate plan? ... If I have a living trust, do I still need a will? ... What is probate? ... Is probate a concern only for those with large estates? ... What is a trust? ... What Is a Revocable Living Trust?More items...

What does a Devisee do?

Typically, a devisee is an individual who receives real estate property from another person through the latter's last will and testament. Their inheritance is strictly land and real estate, not personal property.

How does a beneficiary get money from a trust?

How can a beneficiary claim money from a bare/absolute trust? If a beneficiary of a bare trust is over the age of 18 years then they can simply ask the trustees to pay the money out to them that they are entitled to. As long as there is no other criteria to satisfy, the trustees should not refuse.

What is the difference between a revocable and irrevocable trust?

A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the beneficiaries' consent.

Is estate planning for the rich?

No. When you think of estate planning, you may envision someone very wealthy and believe this doesn't apply to you. This is a common misconception. Estate planning is one of several key areas of financial planning to address throughout your life.

Which of the following is an executor allowed to do?

An executor is someone appointed by the court, often nominated in the will, who is given the legal responsibility to take care of a deceased person's remaining financial obligations. This means taking care of everything from disposing of property to paying bills and taxes.

How do I get a grant of probate?

A person applies for a grant of probate from the Probate Office in cases where a person dies and has left a will. The person named as the executor in the deceased's will has the responsibility to apply for the grant of probate and carry out the terms of the will as laid out by the deceased.

Is a Devisee the same as a beneficiary?

Beneficiary is a broad term used to describe someone who is named to receive an asset, whether the asset is passed through a will or other type of account. Devisees are beneficiaries of a will, but not all beneficiaries are devisees.

Is a Devisee an heir?

A “devisee” means a person designated in a will to receive a devise, which is defined as “a testamentary disposition of real or personal property.” Whereas heirs will always be family to the deceased, anyone named in a decedent's will is considered a devisee — including friends, co-workers, and so on.

What is a specific Devisee?

Specific devisee – This is a person or entity that is named in the will to receive specific real estate that belonged to the decedent. Residuary devisee – The residuary devisee is a person or entity that is entitled in the will to receive all of the real property not specifically devised under the will.

What to ask a divorce lawyer?

What red flags did your story raise for them? What questions is the lawyer asking you about your situation? This question is your chance to 1) make sure they’ve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises.

How to cut down on lawyer fees?

You can cut down significantly on fees by forming a relationship with team members who bill at a lower hourly rate.

Why is it important to have an open mind when getting divorced?

Before you pull into the attorney’s parking lot, repeat this mantra: No two divorces are alike! No two divorces are alike! Having an open mind about the hard things— possible custody schedules, whether or not you need to sell the house, whether or not your family can continue to go on two weeks of vacation each summer— will help your prospective attorney come up with a strategy that meets your long term goals and makes sense for your unique circumstances.

What is the goal of hiring an attorney?

For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.

How to get money from a prenup consultation?

If you want to get your money’s worth from a consultation, make sure you bring all of the documents associated with your prenup. The same goes if you and your spouse have started working out a separation agreement (or other agreement related to your pending split) in writing.

How many lawyers should I hire for divorce?

You get to choose who helps you through it. That’s why I highly recommend interviewing at least 2-3 attorneys before selecting one. Don’t let anyone pressure you into working with them, either. This process is going to get harder before it gets easier, so it’s important that the lawyer by your side – the lawyer who is going to be learning a lot about the inner workings of your marriage, your finances, and more – is someone that you trust, respect, and actually like.

Is it a good idea to talk to a lawyer about divorce?

If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.

Education and Experience

It is important to hire an attorney who has experience handling cases similar to your own. So, be sure to ask the attorney whether he or she has relevant (and recent) practice experience in the area of law at issue. Also, you may want to ask about the attorney’s legal education.

Professional History

Questions about the lawyer’s professional history are also important. You should ask the lawyer if he or she has ever been involved in a fee dispute. Another important question to ask is if the lawyer has ever been sued for malpractice, and how the lawsuit was resolved.

Contact Information

Clients often complain that their attorney doesn’t answer phone calls. However, your attorney might have a heavy workload and might not be able to stop what he or she is doing and take your call. This is why you should ask when the best time to contact him or her is and by what means (i.e. telephone, email, or in person).

How does LegalMatch work?

We've helped more than 5 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case.

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 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.

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 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 to Look for When Hiring an Attorney

Hiring a criminal defense lawyer is a significant undertaking. There are nearly 1.4 million active attorneys in the United States: how can you be sure that you're choosing the right one for your case?

1. Do You Have the Right Experience?

One of the most important factors affecting how likely you are to win your case is the experience of your lawyer. For instance, if you are facing drug charges, you don't want to have a lawyer who is only experienced in DUI cases. You need to know if they in misdemeanor or felony cases or both.

2. Are You a Good Communicator?

Laws can be very difficult for laypeople to understand at the best of times. If you're stressed about the case, understanding the ins and outs of legal details can be even more difficult. A lawyer with great communication skills can help reassure you and help you understand more about your case and charges.

3. How Do Previous Clients Feel About You?

You can tell a lot about a lawyer by what their previous clients think of them. You should check out Google reviews of the lawyer in question to see what they have to say. A good attorney-client relationship will give you confidence that you can trust the attorney.

4. What Is Your Fee?

Hiring a lawyer can be expensive. When hiring a lawyer you need to consider the budget that you're willing to spend and look at attorney fees with a critical eye.

5. Do You Guarantee a Result?

No matter how good a lawyer is, they can't guarantee that the trial will go your way. They aren't clairvoyant and no matter how hard they fight, you still might still lose or get found guilty.

Finding the Right Criminal Defense Lawyer

Looking for a criminal defense lawyer can be difficult and time-consuming. You want to hire a criminal defense attorney that will fight for you. If you've found our article illuminating then we'd be happy to show you more of what we can do.

What is a devisee in real estate?

Historically speaking, a “devisee" is someone who receives real property (as opposed to personal property) from an estate.

What Is the Difference Between a Legatee and a Devisee?

Applying the archaic legal definitions, the difference between a legatee and a devisee is the kind of property they inherit. A legatee inherits personal property (jewelry, vehicles, cash, etc.) while a devisee inherits real property, such as the family home.

Do you have to check your own state's statutes?

As always with laws governing wills, trusts, and estates, you should check your own state's statutes to be sure which rules and terms apply in your jurisdiction. Ensure your loved ones and property are protected START MY ESTATE PLAN. About the Author.

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?

Why is it important to find an attorney?

It is not only important to find an attorney who has handled a good number of cases, but one who is knowledgeable about the charges you face as well. A lawyer who has had experience handling clients facing similar charges can save you a lot of time and money and most likely find you a better outcome overall.

What to expect from an experienced attorney?

An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

What is the best way to defend a client in a criminal case?

When it comes to defending a client in a criminal case, experience is key. There are numerous benefits to having an attorney who has practiced for many years and successfully represented a large number of clients. An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

How to settle a case out of court?

In many ways, the best outcome you can have for your case is one that comes quickly. By negotiating to settle out of court through a plea bargain, your attorney may be able to help you avoid having to appear in court and appear before a judge and jury.

How long does it take to get a resolution?

The amount of time it takes to get a resolution can vary widely from case to case. And while your attorney cannot control the pacing of the legal process, he or she should be able to provide you with an estimate of how long the process will be for your case based on the possible strategies used. Having an idea about the time frame will help you to prepare for the process you are facing.

What is required of a defendant?

Most likely, as the defendant, you will be asked to provide and help prepare documents and relevant background information. You may also be asked not to speak to witnesses or do any legal work of your on.

Can you ask questions about a criminal case?

You should be able to get ahold of your attorney to ask any questions you may have as they arise.

image