questions to ask an attorney when handling an estate of a love one

Here are several questions you should ask yourself: When meeting with a potential estate planning lawyer, how comfortable do you feel? Does your advisor communicate well and clearly?

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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.

What should I look for when hiring an estate planning attorney?

Oct 07, 2020 · Whether you want to set up the administration of your own estate assets before death, or you’re dealing with the transfer of the property of a loved one who has passed, there are a few important questions to ask a probate attorney. These will ensure that you’re hiring the best-suited individual and following the state’s legal requirements.

Why should you talk to an estate attorney?

“Estate planning consists of three documents, and it’s not necessarily attuned to monetary funds,” says tax attorney and CPA Howard Chernoff. “It’s attuned to making provisions so people don’t have to go crazy when you die.” To that end, here the three frequently asked questions answered by someone who does this for a living.

What questions should I Ask an attorney before hiring them?

Jun 29, 2021 · Questions to Ask Your Estate-Planning Attorney ... you should strive to find the most experienced attorney possible—one who has seen prepared documents take effect after a …

How do you deal with an estate of a loved one?

Seven Steps to Handling Your Loved One's EstateTake an inventory of property and important documents. ... Notify the Social Security Administration. ... Keep property safe from vandalism and theft. ... Address outstanding debt. ... Open claims for insurance benefits. ... Research additional benefits from employer.More items...

Does an executor have to show accounting to beneficiaries?

To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.Dec 24, 2021

What should I expect at an estate hearing?

They will find and appraise all assets, pay creditors and file taxes. They may need to liquidate some assets or transfer title to the heirs. The personal representative or executor will need to publish notice to all parties about the estate.

Who is the next of kin when someone dies without a will?

Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy. This will depend on a number of circumstances: whether there is a surviving married or civil partner. whether there are children, grandchildren or great grandchildren.

Can beneficiaries demand to see deceased bank statements?

Some times beneficiaries want to see more detailed documents such as a Deceased's bank statement or pension documentation. Strictly speaking a beneficiary has no entitlement as of right to such documentation and it is your discretion as Executor whether or not to disclose it. The nature of the beneficiary's interest.Jun 19, 2019

Can an executor sell property of the estate without all beneficiaries approving?

Yes. An executor can sell a property without the approval of all beneficiaries. The will doesn't have specific provisions that require beneficiaries to approve how the assets will be administered. However, they should consult with beneficiaries about how to share the estate.Sep 30, 2020

How do you avoid probate?

How can you avoid probate?Have a small estate. Most states set an exemption level for probate, offering at least an expedited process for what is deemed a small estate. ... Give away your assets while you're alive. ... Establish a living trust. ... Make accounts payable on death. ... Own property jointly.

What happens in probate without a will?

When probate without a will is needed, an application must be made to the court before the legal administration of the estate can begin. The person responsible for administering the estate is called the administrator, and they need to apply for a document called a grant of letters of administration.

How long does probate usually take?

Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete.Feb 1, 2022

What debts are forgiven at death?

What Types of Debt Can Be Discharged Upon Death?Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. ... Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. ... Student Loans. ... Taxes.

How do you settle an estate without a will?

If the decedent's estate has no valid will, you must file a petition with the probate court to administer the estate, and other folks who feel they're just as qualified may file a petition as well. If more than one person applies to be administrator, the court decides who gets the privilege.Mar 26, 2016

Is the eldest child next of kin?

Siblings - brothers and sisters In the event that the deceased person passed away with no spouse, civil partner, children or parents then their siblings are considered to be the next of kin.

What is the role of a probate attorney?

The role of a probate attorney includes, but is not limited to, settling disputes, the sale of the estate property, and distributing the assets of the deceased among the beneficiaries. So, you’ve made the decision to hire a probate attorney, but have you considered the necessary questions to ask?

How long does it take to get a probate?

The probate process can vary in length of time, but generally, completion can take a few months to a year (or more). The main determining factors on this duration includes the number and type of assets and the state’s legal requirements.

What is probate process?

The term probate refers to various steps such as the verification process, the court where the issue is handled, and the distribution of the deceased’s assets.

Is probate a straight forward process?

In most cases, the probate process is fairly straight forward. Especially if you have the help of a professional. But sometimes there can be a few issues that occur. One example is if family members challenge the validity of the will. These unforeseen instances are where a probate attorney can be especially helpful.

What is an estate?

An estate is just a fancy name for “all your stuff” -- even if it’s not a vintage Bentley and stocks you can trace back the Dutch East India Company. It’s still worth something to someone.

Why do we need a will?

“The reason you need a Will is because you should be the one who designates who takes care of your stuff, and you should designate who should get your stuff. Because otherwise it may go to people who you don’t want to have the stuff.”.

When is a POA active?

A POA is only active when you’re alive. Once you die your family needs your Will to start settling your estate. Once submitted to Probate, which is when the court makes sure the Will is authentic, things can get complex and you’ll most likely want to hire an estate attorney to make sure everything goes as smoothly as possible.

What is a health care proxy?

A Health Care Proxy (a.k.a. Medical Power Of Attorney or Health Care Agent), which is part of an Advance Directive, is important if you want to avoid living in a semi-permanent state of limbo.

What does POA mean?

If you are in any way unable to function.”. The POA lists out your hand-selected roster of people you trust to make necessary legal and financial decisions in your stead. “You can have a POA that takes effect immediately,” says Chernoff.

Is a power of attorney necessary?

“It’s extremely important that you establish legal and financial Power Of Attorney,” he explains. “So a surviving spouse or someone else can make decisions for you if you are incapable. Not if you’re dead, mind you. If you are in any way unable to function.”

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

What is the job of an estate planner?

Estate planning involves reviewing and analyzing your desires and finances today, to ensure that you and your loved ones are prepared for tomorrow.

What is elder law?

Elder law focuses on those issues that affect seniors, including elder care and treatment, living arrangement options and governmental benefits, such as Social Security, Medicare, Medicaid and Veteran Affairs. Although one of your goals may be to stay out of probate court, ...

What to do when you are gone?

And when you are gone, you want to give what you have to whom you want, when you want and the way you want. You want to do this at the lowest overall cost to you and those you love. Planning for you and your estate, both during your lifetime and after your death, is the legal equivalent of heart surgery. You don't go to your family doctor ...

Is estate planning simple?

In actuality, estate planning is anything but simple. Estate planning is one of the most complex areas of the law. Think about it. You want to make sure that you are in control of your assets while you are alive and well. In the event of your mental disability, you want to provide for you and your loved ones. ...

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

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.

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.

Can creditors open an estate?

Creditors can open an estate. 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.

Do you need a death certificate after a funeral?

Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .

What is a trust after death?

A trust is designed to function during your life and after your death. A will provides for the distribution of all of your assets upon your death. It only provides instructions for what will happen to your assets after you die.

What is a living trust?

A living trust is a document that allows you to place assets into a trust during your lifetime. You continue to use the assets, but they are owned in the name of the trust. You name a trustee who is responsible for managing and protecting the assets in the trust. After your death, the assets in the trust are distributed to ...

Why are living trusts so popular?

Living trusts offer a variety of benefits, which is why they have become so popular. Living trusts allow your estate to avoid probate. By doing so you avoid the costs associated with having a will probated, but you also avoid the delay associated with probate. It can take months for a last will to be probated, but when you create a living trust, ...

Can you name yourself as trustee of a trust?

You can choose anyone or even a corporation as your trustee if you prefer. If you name yourself, you will need to name a successor trustee who can step up to manage the trust after your death.

What is a revocable trust?

A revocable trust (one that can be altered during your lifetime) does not avoid estate taxes that are applied by your state or the federal government. A special kind of living trust called an AB trust passes assets directly from one spouse to another and avoids estate tax. Living trusts do not pass through probate, ...

Do you need a power of attorney for a living trust?

Living trusts have all of your assets already placed in the ownership and management of a trust, so that should you become incapacitated, they are already being handled for you. Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf ...

Should I have a will?

Should I Also Have a Will? Most attorneys agree that if you create a living trust, you should also have a will. This will, sometimes called a pour over will, is your insurance. In case there are any assets left out of your trust, the will directs that those assets be placed into the trust.