i am questioning the handling of my fathers estate what kind of attorney do i need

No, you don't NEED and attorney; you WANT one. The absence of a will means only that the state's laws of intestate succession will control the ultimate disposition of assets after debts are resolved. Retain a local experienced probate attorney to explain the least complicated procedure available to assist.

Full Answer

Do I need a lawyer to probate my fathers estate?

Initiating Probate. Obtain a certified copy of your father's death certificate from the county coroner or the mortuary where your father's body was taken prior to burial. Locate your father's …

Are you asking the right questions when working with an estate attorney?

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 …

What questions should I ask a probate attorney?

Nobody wants to call a probate lawyer.People only call us when they are dealing with the loss of a family member and need help through the process. Over the years, I have been privileged to …

Do attorneys who don’t focus on probate/estates represent their clients?

1. Do You Specialize in Probate Law? It is important to find out if the probate attorney you are meeting with is a true specialist, or just a generalist who occasionally dabbles in wills and …

Is it hard to handle an 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.

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

Do you have to open a probate estate?

In most cases, the answer to this question will be yes. Many people erroneously believe that they will not need to open a probate estate, but this is rarely the case. 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 ...

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.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is word of mouth reliable?

With physical newspapers becoming rarer and rarer, you cannot rely on the obituaries to get the word out, and word of mouth may not be as reliable as you would think. 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.

Do you need a death certificate for a funeral?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...

1. Do You Specialize in Probate Law?

It is important to find out if the probate attorney you are meeting with is a true specialist, or just a generalist who occasionally dabbles in wills and estates. Probate law is a very specialized area of the law, and it is important to seek out an attorney with expertise in this area.

2. Do You Have Experience In Front of the Court Where My Case Will Be Heard?

Every court is different, and every probate judge runs his or her courtroom in a specific manner. Working with a probate attorney who knows the ins and outs of the courtroom where your case will be heard can be a huge advantage, so be sure to ask about this specific expertise.

3. Have You Handled Similar Cases? If So, What Was the Outcome?

Experience with cases similar to yours is essential, so ask about the past experience of the probate attorney. Have they recently handled a case that was similar to yours in size, scope and complexity? If so, what was the outcome of that case? Were there any unexpected twists and turns, or did the case go largely the way the attorney expected?

4. What Kind of Time Frame Do You Anticipate?

Once again, every probate case is different, and the time frame for completion can vary widely. A simple probate case could be decided within a week, while a complex action could take months to close.

5. What Kinds of Issues Do You Anticipate?

All kinds of things can crop up in the course of a probate action, and it is important to be ready for anything. Ask your probate attorney what issues he or she expects during the court proceedings, based on the information you have just provided.

6. Can I Reach You If I Need You, Even Outside Office Hours?

A good probate attorney will have convenient office hours, including extended hours through the week and some availability on weekends as well. Ask about those operating hours, but go further and inquire about after-hours availability as well.

7. What Fees Will I Be Asked to Pay?

Every probate case is different, and the fees will vary as well. Even so, an experienced probate attorney should be able to give you a ballpark figure, based on the paperwork and documentation you have provided.

Kirsten Hilde Smith DeNoma

It would probably be a good idea for you to schedule a consultation with a family law attorney as a starting point. During that consultation, he/she should be able to give you a better idea of the type of claims you may have and can point you in the direction of any other professionals you may need.

Arthur M. Read II

First of all, is there any kind of a "father" other than a "biological father"? So, your father died and, during his lifetime, estranged himself from you? That is not a cause of action. If he failed to support you and was not under any court order to do so, then you do not have a cause of action.

Sara Marie Grant Rojas

You should schedule a free consultation with an attorney immediately. There are several theories under which you could have a claim, but many more facts are needed to make that determination.

Nicholas Davis Henry

Whether you have a claim will be incredibly fact dependant. Nothing you've given us here has lain the basis where a reasonable attorney would say that you clearly have a claim against your father's estate. You make vague allegations of a lack of financial and emotional support. However you don't give any specifics. Nor should you here.

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 probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

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.

Do you need probate if you have a deceased person?

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).

Do estates owe state taxes?

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.

What does it mean when someone names you as a beneficiary?

If your loved one named you as a beneficiary of a trust or estate, it means he or she thought about your future and your well-being during the estate planning process. Beneficiaries do have rights, but they also bear the burden of holding the executor accountable when questions arise.

What is the job of executor?

The executor's job is to manage and protect the property until it is ultimately distributed to you. A person who thinks otherwise should not have accepted the role of executor in the first place. This means you are entitled to any and all information related to property left to you, even if it is a portion of joint property, ...

Is real estate a non-probate asset?

The executor of an estate, after being appointed by the court, only has control over assets called “probate assets.”. There usually exists “non-probate assets” over which the executor has no control. Typically , real estate is the largest “non-probate asset” that we find in an estate.

Does the executor of an estate have control over the estate?

The executor of an estate, after being appointed by the court, only has control over assets called “probate assets.”. There usually exists “non-probate assets” over which the executor has no control. Typically, real estate is the largest “non-probate asset” that we find in an estate. Therefore, the executor does not have ...

Does the passing of a loved one absolve the debts or taxes of the decedent?

People often forget that the passing of a loved one does not absolve the debts or taxes of the decedent. Rather, the debts and taxes now become an obligation of the estate of the decedent. This means that the value of a given estate can’t be truly computed until all valid debts, taxes, and costs of administration are paid.

What is the role of executor in a trust?

The executor is tasked with making sure that all debts, taxes, and costs of administration are paid before assets are distributed. The executor is a fiduciary. It is important to remember that the executor is acting in a position of trust on behalf of the estate and all interested parties.

Is an executor a fiduciary?

The executor is a fiduciary. It is important to remember that the executor is acting in a position of trust on behalf of the estate and all interested parties. The interested parties include the court, beneficiaries of the estate, creditors of the estate, and the government (taxes).

What are the statutes of limitation?

Many statutes of limitation exist. There are many statutes of limitation which prevent matters from being brought before the court during an administration process. These include claims for debts that the decedent may have owed at the time of death.

How long does it take to contest a will?

It is imperative that you consult with your attorney to determine how long you have to file a will contest. The administration process may take months or even years. The administration process for an estate usually takes several months to complete. There are even instances where the administration takes several years.

Can an executor act against a will?

There are limits on what an executor can and cannot do. If you’ve been named an executor, a couple basic rules of thumb are that you can’t do anything that disregards the provisions in the will, and you can’t act against the interests of any of the beneficiaries. Sounds pretty straightforward, right?

What can an executor do?

As the executor of an estate, you are responsible for managing the probate process, which means you’ll be interacting with the probate court and making decisions about the handling of probate assets. You will: Open probate with the court. Identify the deceased’s assets. Provide notice to heirs and interested parties.

What is the job of executor of an estate?

As the executor of an estate, you are responsible for managing the probate process, which means you’ll be interacting with the probate court and making decisions about the handling of probate assets. Learn more about the duties of an executor.

Can an executor do anything?

So an executor can't do anything that intentionally harms the interests of the beneficiaries. As an executor, you cannot: Do anything to carry out the will before the testator (the creator of the will) passes away. Neither the executor nor the beneficiaries have any rights with regard to the estate before the testator passes away.

What happens if a person dies without a will?

If the deceased died without a signed will, the deceased died without a will. No one else can sign it on their behalf, and the estate will be managed in accordance with that state’s laws of intestate succession. Take action to manage the estate prior to being appointed as executor by the court.

Can a beneficiary contest a will?

He can file a petition with the court contesting the will if he’s an heir-at-law, but you have no authority to make changes to the will. When beneficiaries or heirs contest the will, it’s never fun for the executor. However, it’s their right to do so, and you can’t stop them.