hiring real estate attorney when estate owner dies

Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member. How to find the right real estate attorney Like any professional relationship, finding the right representative is key.

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What happens to real estate when someone dies?

If a real estate purchase is not simply cut and dry, hire a lawyer for guidance. Transactions including problems with titles, disclosure, mineral or surface rights, and tax concerns can all lead to the need for a real estate lawyer. If there is ever a discrepancy during the transaction, it may be in your best interest to hire help.

How do I hire an estate attorney?

 · An estate plan allows you to prepare for what will happen after you pass away or if you can no longer take care of yourself and your estate . An estate planning attorney, also known as an estate lawyer, can help you create a solid plan for handling both of these situations. They can offer legal advice on wills, trusts, and your local probate ...

Are You a good candidate for handling an estate without a lawyer?

Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. Ask …

What happens to an estate after a power of attorney dies?

 · An executor’s deed—This dead transfers ownership from the estate to a beneficiary, pursuant to the terms of the will. An administrator’s deed—Like an executor’s deed, an administrator’s deed transfers ownership from the estate to a beneficiary when there is no will. Quit claim deed—Rarely used in wills cases, a quit claim deed ...

What is an estate lawyer?

An estate lawyer is trained in matters related to passing on your assets after you die, and planning for situations where you can no longer care for yourself. They are experts in wills, trusts, and your local probate process. Some estate lawyers may also have specialties, like planning the succession of a business.

How to leave assets to stepchild?

To leave assets to a stepchild, stepparent, or half-sibling, consider working with an estate lawyer. Most people could benefit from working with an estate planning attorney, but it may not be necessary (and you may not want to pay for it) in many situations. On the other hand, people in certain situations may need the help ...

Can you pass on your estate if you aren't survived?

This only happens if you aren’t survived by a spouse or child, but a solid estate plan will protect your assets and allow you to pass on as much of your estate as possible. If this is your situation, you may want to look for an estate lawyer who specializes in elder law. You want to set up an irrevocable trust .

Can you pass on assets to a business partner?

You have out-of-state property or assets . Passing on assets can get tricky if they’re crossing state boundaries, since two states may have different tax codes or other legal requirements for how to transfer an asset.

Can you bequeath assets to someone who isn't a citizen?

You have foreign property or assets . You’re planning to bequeath assets to someone who isn’t a citizen . You could also run into issues if you plan to name an executor who isn't a legal U.S. resident. Certain tasks, like getting a tax ID to open an estate account, may not be possible for nonresidents.

How to hire an estate attorney?

Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: 1 You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. 2 Ask about the fees. How will the estate attorney be compensated for her work? Will she charge you by the hour or is there a flat fee based on the will and size of the estate? 3 Ask about the process. Will you work with the person you are talking to or a team of people? If it will be a team, make sure you meet those people as well. Paralegals can play a significant role in this process – so meet them if they will be involved.

Why is it important to have an estate attorney?

Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at your side to help manage your executor duties.

How complicated is a will?

How complicated is the will?—While some people have simple wills, giving all their assets to a small number of beneficiaries, other wills contain complex distributions. Some wills may even reference trusts or other detailed arrangements. The more complicated the will and means of distribution for the assets, the more you need to consider getting an attorney who is an expert in the area. A general practitioner who knows her way around the probate court may be good for a relatively simple will and may save you money with lower hourly rates, but for a more complicated one, you may need to select an estate attorney or law firm with specific experience with more complex wills and more difficult distributions.

What is executor.org?

Executor.org has great tools to help you select an estate attorney and to be a more informed client. The site can help you understand the executor role and get organized before talking to an estate attorney – and save time and money throughout the entire executor process.

Is there a one size fits all estate attorney?

There is no one-size-fits-all when it comes to selecting an estate attorney. There are a few factors to consider before you hire a specific estate attorney. Here are things to you’ll want to consider:

Do you have to file a will with the probate court?

Even what may seem to be the simplest will, where one where a spouse gives everything to the surviving spouse, still has to be filed with the probate court.

What happens if there are no apparent heirs?

If there are no apparent heirs, the property will go to the state. Because order of succession defines family broadly, though, this is a relatively rare occurrence. Order of succession approaches to probate don’t distribute the will across multiple parties.

What happens when you know what's in a will?

Once everyone knows what’s in the will, like magic, the real estate goes to the right person or entity. In reality, things are rarely so simple. Wills are frequently contested, and disputes between beneficiaries, family members, and random third parties can drag the process out for years. Knowing what to expect can help you write a will ...

When do property rights vest in a will?

Many wills require that a property right vest before it can be asserted. Some common examples of this include: When a will establishes a delay between the death of the testator and when property rights can vest. For instance, many wills specify that if a beneficiary dies within 60 days of the will, his or her property rights will not vest. ...

What does it mean when a will is very old?

When a will is very old, the beneficiaries it names may no longer be alive, or the named property might no longer exist or be of a substantially higher value.

How long does probate take?

If there is cause for dispute, though, the probate process can take months, or even years. Some families fight over wills for the rest of their lives.

What is the mental state of a testator?

The mental state of the testator; He or she must know that he or she is making a will, have the mental capacity to understand what he or she is putting into the will, and be able to understand what other people might expect from the will. A father who authors a will while under the influence of prescription painkillers might give rise to a will contest, particularly if he leaves his children or spouse out of the will.

Where do you file a deed to a property?

Though every state establishes its own procedures for the issuance and filing of property deeds, to finalize the transfer of the property, you will always need to file the deed—usually in the office of the clerk of court in the county in which the property is located .

How to choose an attorney for a will?

There is no one-size-fits-all when it comes to selecting an attorney. Here are things you’ll want to consider: 1 Where is the attorney? Select one in the county or state where the deceased resided. Laws vary from state to state, so you want to have an attorney who knows the specifics in the state where the deceased legally resided. 2 How complicated is the will? Some people have simple wills, giving all their assets to a small number of beneficiaries. But other wills contain complex distributions and may even reference trusts or other detailed arrangements. The more complicated the will, the more you need to consider getting an attorney who is an expert in the area. A general attorney who knows their way around the probate court may be good for a simple will. But if the will is complicated, you want to select an estate attorney or law firm with experience with complex wills and more difficult distributions. 3 How complex are the assets? If assets are high in value, held within incorporated entities, or in complicated trusts, you want to select an estate attorney or law firm with experience in these areas.

Who can help you manage your executor?

Depending on the complexity of the estate and the resources that are available to you, you’ll likely want to use estate funds to hire an attorney who specializes in estate/probate work to help you manage your executor duties.

How complicated is a will?

How complicated is the will? Some people have simple wills, giving all their assets to a small number of beneficiaries. But other wills contain complex distributions and may even reference trusts or other detailed arrangements. The more complicated the will, the more you need to consider getting an attorney who is an expert in the area. A general attorney who knows their way around the probate court may be good for a simple will. But if the will is complicated, you want to select an estate attorney or law firm with experience with complex wills and more difficult distributions.

What is an executor adviser?

The Executor Adviser is an advice column created by Executor.org for Legacy. Executor.org's experts aim to help readers with questions about executorship and provide comprehensive, free online resources to guide executors through this complex process.

Who is Patrick O'Brien?

Patrick O’Brien is CEO and co-founder of Execut or.org, a free, comprehensive online resource that helps executors manage their responsibilities and duties in this complex role. The free tools include a helpful step-by-step interactive guide for executors and invaluable tips on everything from planning a funeral and keeping beneficiaries happy to dealing with grief and managing estate assets.

Is there a one size fits all law firm?

There is no one-size-fits-all when it comes to selecting an attorney. Here are things you’ll want to consider:

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Why is it important to notify everyone you know when a loved one dies?

You should also contact an estate attorney about the notification process, including required death notices in the local newspapers and elsewhere. This will provide the notification you need to protect yourself legally and prevent others from contesting the estate.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What to do if you don't receive a death certificate?

You will need a death certificate to claim certain benefits, and for the estate process as well. If you need additional copies of the death certificate, you should contact your local Department of Vital Records.

How to protect assets in a death?

The best way to protect the assets is to open the estate right away. The court will name an executive or personal representative, and that individual will be charged with protecting the assets and distributing them in accordance with the wishes of the deceased.

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.

How many states impose estate taxes?

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.

What are the tasks that require expertise and experience?

Managing, appraising, and selling a business are all tasks that require some expertise and experience. You'll probably want expert advice. 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.

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.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is an escrow manager?

Escrow manager: The escrow manager, officer or agent is a third-party representative responsible for holding funds during the transaction and making sure every party gets paid the correct amount at closing. In some cases, escrow officers work at title companies, blurring the lines of which party is distributing funds at the closing table.

What to do if you have liens on your home?

Liens: If there are outstanding liens on your home, an attorney can help resolve those issues and clear the path to closing. They can communicate with the title company to make sure all lien holders get paid correctly.

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

How many states require an attorney to close a business?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include:

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

Who owns the property when a joint tenant dies?

Legally, the surviving joint tenant owns the entire property, automatically, as of the moment of the joint tenant's death. But the deed (and the property tax statement and the homeowner's insurance bills) are all still in the names of both joint tenants.

What happens to a joint tenant when one co-owner dies?

When one co-owner dies, property that was held in joint tenancy with the right of survivorship automatically belongs to the surviving owner (or owners). The owners are called joint tenants. In most states, joint tenants must own equal shares; for example, you can't have one joint tenant who owns a half-interest in the property and two others who own a quarter-interest each. So if three siblings owned a house in joint tenancy, each would own a one-third interest; if one died, the two survivors would each own a half-interest. Colorado, Connecticut, Ohio, and Vermont, however, allow joint tenants to own unequal shares.

What is a statement of death of a joint tenant?

Statement, signed by the survivor, stating that the survivor is now the sole owner of the joint tenancy property. The statement is often called something like "Affidavit –Death of Joint Tenant" or "Affidavit of Surviving Spouse for Change of Title to Real Estate.". It may need to be notarized, in which case it's called an affidavit; in some states, ...

Why is it important to hold a title when one co-owner dies?

Holding title this way is often a good idea, because it allows a quick and easy transfer to the survivor when one co-owner dies. Joint tenancy property doesn't go through probate (that's its biggest selling point), but as executor you may be asked to help with getting the property into the name of the surviving co-owner.

How to tell if a deceased person is a joint tenant?

To see whether or not real estate owned by the deceased person was held in joint tenancy, check the deed that transferred the property into the names of the joint tenants. What you see may not be completely easy to understand. With luck, you'll see something like "Stephen T. Jones and Maria L. Jones, as joint tenants with right of survivorship." You might also see:

What happens if you have 3 siblings in a joint tenancy?

So if three siblings owned a house in joint tenancy, each would own a one-third interest; if one died, the two survivors would each own a half-interest. Colorado, Connecticut, Ohio, and Vermont, however, allow joint tenants to own unequal shares.

Where do you keep the surviving joint tenant's records?

Those records are kept in the local land records office, which may be called the County Recorder, Register of Deeds, or other name.