how do you find out what attorney is handling an estate?

If probate has been initiated - then you would know by looking at the file (it's a public record and your entitled to review the file - anyone is) who is administering the estate and who, if anyone, is the attorney doing such. Then you can find out their name, address, and phone number and even contact them about the matter and what's going on.

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How do I find a good estate plan attorney?

 · Go to the county where the person passed and if his executor filed a probate, you should be able to get information about the estate and filing a claim. Following is a link that explains the probate process in SC https://www.nolo.com/legal-encyclopedia/south-carolina-probate-shortcuts-31957.html 0 found this answer helpful | 4 lawyers agree Helpful

How do I find a deceased lawyer's Lawyer?

Do I need a lawyer to administer an estate?

How do I find out who is the executor of an estate?

Search any files you find for the name of a lawyer or law firm that represented the deceased. Copy any information you find. Call the contact telephone numbers that were listed for the attorneys whose names you found in the court records.If the telephone numbers are invalid, call the state bar association for the state in which the lawyers practiced and ask to speak to the …

Who to call when a deceased person is a lawyer?

Call the lawyers who represented other parties in any lawsuits or disputes in which the deceased was involved. Opposing lawyers may remember whether the deceased consulted a lawyer whose name may not have made it on to final documents.

How to find out if someone died in court?

Go to the county courthouse in the county where the deceased person lived. Search the civil litigation, family law and criminal court records by party name to see whether any records contain the deceased person's name. If the deceased ever sued someone, got sued by someone, got divorced, got arrested or cited for a traffic violation, the county courthouse should have a file on the event. Ask employees at the records clerk's office how to locate and access the file. Once you have the file, search it for the name of any lawyer or law firm that is listed as attorney of record for the deceased. Copy this information.

What is a state bar ad?

Place an ad that asks any lawyer who represented the deceased to contact you, and list your email address, your telephone number, and your postal address .

How to help a deceased person?

Ask them if they know about events in the deceased's life that would have required legal representation, like an arrest or a lawsuit. Follow up on any leads.

How to find a notarized deed for a deceased person?

Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized. Go to the county assessor's office in the county where the deceased person owned real property and search for notarized deed records. Signatures on deeds, divorce settlement agreements and affidavits are examples of documents that require notarization. If the deceased's signature was notarized, that means that he signed the document before a notary public. Where you find a notarized signature, make note of the name, location and commission number of the Notary Public.

How to contact a lawyer whose name is invalid?

Call the contact telephone numbers that were listed for the attorneys whose names you found in the court records.If the telephone numbers are invalid, call the state bar association for the state in which the lawyers practiced and ask to speak to the person in charge of membership records. If the lawyer is still a member, the state bar association should have her contact information.

What documents require notarization?

Signatures on deeds, divorce settlement agreements and affidavits are examples of documents that require notarization. If the deceased's signature was notarized, that means that he signed the document before a notary public.

What happens if my mother's lawyer files probate?

If your mother's lawyer filed the probate petition with the surrogate's#N#court (in the county where your grandmother lived), the lawyer's name and#N#info will be on it. In order for your mother to have authority to act on#N#behalf of the estate, the petition has to be filed and approved by the#N#court. If you were named as co-executor in the will, your mother should not...

Can a will be probated without your involvement?

If the will names you as executor or co-executor, it can't properly be probated without your involvement. To determine whether the will has been probated, you can contact the Surrogate's Court. If your mother is holding a will on which you are named executor, you may need to bring a court claim, which would be in Surrogate's Court.

Do both attorneys offer sound advice?

Both attorneys offer sound advice-make an appointment with an attorney.

How much does an estate attorney charge?

Flat fees typically include everything required to prepare the estate planning documents. In general, simple estate plans, including a will, power of attorney, and medical directives, can cost between $1,000 to $2,500. More complex plans—for example, those that include trust documents—could cost up to $5,000 or more. Individual rates may vary by jurisdictions and states, as well as other factors.

How to find a lawyer's background?

When you have a working list of candidates and referrals, look into each attorney's background. Check their websites for information about firm size, experience, and specializations. Take a look at the social media sites that each attorney uses. The way an attorney is represented on social media sites may give you a sense of what it will be like to work with them.

What to do if an attorney offers a free consultation?

Tip: If an attorney offers a free consultation, get the details up front and be clear about—and stick to—the time limits.

What is the key consideration when choosing an attorney?

Price is a key consideration in choosing an attorney. Keep in mind how much you can pay and find a lawyer whose fees you can afford.

Do people over 55 have a will?

"In fact, more than half of Americans age 55 to 64 don't have a will in place ...

Is an estate plan a personal decision?

Tip: The decision to create an estate plan is a personal one and depends on more than the potential size of an estate. To help determine if you are ready to take action, consider the 8 key points discussed in Viewpoints on Fidelity.com: Do you need an estate plan?

How to select an estate planning attorney?

You want to make sure you select an estate planning attorney who not only has the appropriate amount of experience and expertise, but also is competent to work with you and handle your estate well into the future.

How to find out about a lawyer?

Visit websites of attorneys and law firms. Once you have the names of some attorneys or firms you're interested in pursuing, check out their website to research further into their background and practice.

What to do before an attorney appointment?

Before your appointment, the attorney or her assistant may give you a list of information they need to evaluate your case.

How to narrow your list of potential attorneys?

1. Have a preliminary phone consultation. Many attorneys will hold a brief interview with you over the phone. Since these take up less time and require less effort than in-person consultations, you can talk to more attorneys this way and use the phone interviews to narrow your list of possible contenders.

How to know if an attorney is responsive?

Pay attention to the attorney's social media presence. If she has active social media accounts that are updated regularly, or runs a blog where she regularly posts about new developments in the law, you can be assured that she is responsive to her clients and keeps up-to-date on important issues in her practice area .

What is an attorney's website?

Keep in mind that an attorney's website is also a marketing tool. You are seeing what he wants you to see, so the things he chooses to emphasize or promote on his website give you a good idea of his interests and his professional comfort zone.

How to find a bar association?

Visit your state or local bar association's website. Bar associations have lists of their members, and often allow you to search by specialty or area of practice.

How to find out who is the executor of an estate?

Finding out who has been named as the executor of an estate can be very simple – the individual’s name should appear in the will. But this presumes that you’ve seen or have access to the document, which isn’t always the case. The deceased also might not have left a will, in which case the court appoints an executor. And sometimes there’s a delay before the will is presented to the court for probate and it becomes a matter of public record. Even in these situations, however, you have options to help you find that information.

What are the responsibilities of the executor of an estate?

The Executor’s Duties. You might have to identify and interact with the executor of an estate for any number of reasons. You may be a creditor looking to make a claim for payment, or a potential heir under the will’s terms. The executor of the estate has the power to pay claims and to inform beneficiaries of their inheritances.

What happens if you don't leave a will?

If you know you're a beneficiary or if you qualify as an heir – someone who is closely related to the deceased so you’re likely to inherit even if he didn’t leave a will – you should learn the identity of the executor in relatively short order. Her role is to inform you that the will is in probate. If you hear nothing, however, you’ll have ...

What happens if there is no will?

If there is no will, court proceedings are necessary to open an intestate estate. Someone will eventually be appointed to probate the estate. The proceedings are a matter of public record, so check court records periodically to find out who the court has assigned to the job.

Do you need a case number for probate?

You may need a court case number for the probate estate, but many courts have searchable databases where you can enter the deceased’s name and find the number. You then can request a copy of the will, as well as all other documents that have been filed with the court on behalf of the estate.

How to get a copy of a will in Texas?

Getting the Will From the Court. You can visit the courthouse and request a copy of the will from the clerk after it’s in the custody of the probate court. Some states, like Texas, allow you to request a copy online. You may need a court case number for the probate estate, but many courts have searchable databases where you can enter ...

Who is responsible for presenting a will to the court?

The executor of the estate has the power to pay claims and to inform beneficiaries of their inheritances. She’s responsible for presenting the will to the court and opening probate, locating the deceased’s assets, notifying creditors, and managing the deceased’s property throughout the probate process. She must pay any taxes that are due, both ...

What type of experts help with estate administration?

Other Types of Expert Help With Estate Administration. Lawyers aren’t the only experts who can help you with estate administration work. You may turn to other types of professionals for assistance with particular tasks, including: accountants or other tax professionals. appraisers.

What do executors and trustees use to assist with distributing the estate's property?

Many executors and trustees used attorneys to assist with distributing the estate’s property and communicating with beneficiaries (47% and 44%, respectively, of readers who hired lawyers ). More than a third (35%) got legal advice and assistance on tax issues, while fewer than two in 10 (17%) had the attorneys deal with the estate’s creditors.

How many readers have lawyers prepare paperwork for probate court?

Nearly half of readers had lawyers prepare paperwork for probate court and/or help distribute the estate’s property. (The percentages add up to more than 100% because readers could give multiple answers.)

Do estate attorneys work with executors?

Most probate and estate administration attorneys are accustomed to sharing the work with the executors and trustees, and many lawyers offer unbundled services. In fact, nearly eight in ten (79%) readers said that their attorneys supported them in doing some of the work. That support took various forms, including:

Do you have to pay for probate?

Even though you don’t have to pay the cost of hiring a probate or estate administration lawyer out of your own money, it’s your responsibility as the executor or trustee not to waste estate funds. (You’re also likely to be a beneficiary yourself, which provides even more incentive to save money for the estate.)

Do estates owe taxes?

the estate may owe state or federal estate taxes, or. a complex or ongoing trust needs to be administered, such as a trust for minor children or a special needs trust. Also, states have simplified shortcut probate procedures for settling small estates.

What is a small estate?

Smaller estates are less likely to involve some of the complications that call for expert advice or assistance, such as when: someone is threatening to contest the will or trust in court. the estate includes a business, commercial real estate, or unusual assets that may be difficult to distribute among beneficiaries.

How much do estate attorneys charge per hour?

The most common rate (reported by 35% of readers) was between $300 and $400, although half of readers paid less than that. Only 15% paid $400 or more per hour.

Why do estates pay more for legal services?

It shouldn’t be a surprise to learn that large estates tended to pay more for legal services. Big estates are more likely to have complex issues— including taxes and business assets —that require more of an attorney’s time and expertise. Also, some states limit fees according to the size of the estate, allowing attorneys to charge more for larger estates. More than a third (36%) of readers who were settling estates worth $1 million or more said that the estate paid $10,000 or more in legal fees, compared to 18% of those who were handling estates worth less than that.

How long is a probate consultation?

More than half (58%) of the probate attorneys in our national study reported that they offered free consultations. The typical time for these initial meetings was 30 minutes, though the overall average was higher (38 minutes). So when you’re looking to find a good probate lawyer, ask the potential attorneys whether they offer a free initial consultation. Even if they charge for their time , it can be worth your while to meet with more than one lawyer—and to go to the meetings prepared with a list of questions—in order to find the right attorney for your needs.

Do attorneys charge a percentage of the estate value?

In a few states (such as California and Florida), attorneys are allowed to charge a percentage of the estate’s value as the fee for handling probate. In our survey, only 8% of readers who paid a lawyer for help said the estate they were handling paid a percentage-based attorney’s fee.

Do probate attorneys charge more per hour?

The attorney’s experience. Not surprisingly, our study showed that hourly rates climbed as probate lawyers had more years in practice. But it’s worth keeping in mind that in this respect, at least, a higher hourly rate doesn’t necessarily translate into a higher total bill. Often, specialists with significant experience in estate administration may be able to answer your questions or handle difficult estate matters more quickly than less-seasoned lawyers.

How much does a probate attorney charge?

Nationally, the average minimum hourly rate attorneys reported was $250, while the average maximum was $310. Individual lawyers often charge different rates, depending on the client and the type of service they’re providing. Also, rates vary among attorneys depending on several factors, including:

Do executors need an attorney?

If you’re serving as an executor, personal representative, trustee, or administrator of an estate, you might need a lawyer’s help with some part of the process. The good news is that estate funds will almost always pay for that help. Still, you don’t want to squander the estate’s money—and you probably want to know what to expect in the way of attorney’s fees. We surveyed readers around the United States who recently acted as executors, personal representatives, trustees, and/or administrators to ask about their fee arrangements with attorneys and their total bills. We then compared the survey results with data on fees reported by probate attorneys across the country. Here’s some of what we found out.