questions to ask your attorney when you are the personal reprenentative

by Vivian Howe 6 min read

One of the most important appointments that is made in an estate plan is that of a personal representative.
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5 Questions for Appointing Your Personal Representative
  • What is a Personal Representative? ...
  • Is the Person Trustworthy? ...
  • Is the Person Capable? ...
  • Will They Carry Out Your Wishes?

What questions should I ask a personal injury lawyer?

Today, we're covering the questions you need to ask when choosing an attorney for your personal injury case. 800-522-7274. HABLAMOS ESPAÑOL AVAILABLE 24/7 ... 10 Questions You Need to Ask Your Personal Injury Attorney. Picking an attorney for a personal injury case can be difficult. The last thing you want to do while recovering from an injury ...

Why is it important to ask questions before hiring a lawyer?

Dec 18, 2020 · The answers to these questions should either give you the peace of mind knowing you're in good hands or send you running to a different attorney and law firm altogether. With my brief preamble out of the way, here are 12 questions to ask a personal injury lawyer during your initial consultation before choosing to work together formally. 1.

What should I look for when hiring a lawyer?

Oct 14, 2015 · These five simple questions are the perfect way to determine of the legal representation you’ve sought out is the right legal representation for you. 1) How Many Years have you been in practice? When you entrust a lawyer with your livelihood, it’s important to assess their background and competence level.

How to choose the right lawyer for your case?

An important follow-up question to ask an injury attorney regarding their schedule is to find out how many personal injury cases they are currently litigating. Will you accept my telephone calls? Who at the firm will be my contact person?

What questions should you ask your attorney?

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...•Jan 29, 2017

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•Jul 10, 2016

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

How do I ask my lawyer for an update?

AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What are common behavioral interview questions?

What's a Behavioral Interview Question?Give us an example of a goal you failed to meet, and how you handled the situation.Tell us about a time when you solved a problem at your job that wasn't part of your job description.Tell us of a time when you took a risky decision and it didn't pay off.Sep 2, 2021

What do most lawyers charge for a contingency fee?

Typically the contingency rate free ranges from 33%-45% of the recovery. A contingency fee agreement is a payment arrangement that enables injured victims pursuing legal recourse to have legal representation, even if they do not have the financial ability to pay a lawyer out of pocket.Aug 3, 2021

How do you answer a law question in an interview?

Below are some common legal interview questions—plus suggestions on how to approach them.Tell me a little about yourself. ... What attracted you to our firm/organization? ... Can you describe a challenge or conflict you have faced at work and how you overcame it? ... What is your biggest weakness? ... Do you have any questions for us?Mar 20, 2021

How do you answer a lawyer question?

Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.Apr 22, 2015

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

1. What do You Charge for Your Services?

Most personal injury attorneys operate on a contingency fee basis. That means you won't have to pay anything unless you recover monetary damages in your personal injury lawsuit.

2. How Long Have You Been Practicing Personal Injury Law?

One of your biggest concerns should be making sure you choose an experienced attorney who has several years of experience trying cases just like yours.

3. Have You Handled Personal Injury Cases Like Mine Before? If So, Did Any Go to Trial?

Just because an attorney has experience working on cases like yours doesn't automatically make them a superstar lawyer. You want someone who has taken similar cases to trial and won. Many times, ideally.

4. What Issues or Difficulties do You See with My Case?

In every personal injury claim, there will be issues and difficulties unique to the case. An experienced lawyer will be able to point these out to you quite easily.

5. How Will You Keep Me Updated on the Progress of My Case?

Will someone be available to take your calls? The attorney? A paralegal or a secretary?

6. Do You Have Testimonials or References from Past Clients that I Can See?

Just as you'd want to see proof of past results and case relevance, you might also be interested in seeing previous clients' experiences.

7. What Happens if I Lose? Will I be Responsible for any Case-Related Costs?

This may be one of the most important questions on this list because the answer may impact your financial livelihood—listen up!

What are personal representatives required to do?

Personal Representatives are required to keep very good records and provide an accounting to the probate court for all expenditures. You will need to keep meticulous records of financial transactions, as well as communications with attorneys, accountants, bankers, and other contacts.

What expenses do you incur as a personal representative?

As Personal Representative, you will likely incur expenses during the administration of an estate, such as travel, mileage, postage, etc. Fortunately, you are entitled to be compensated for out-of-pocket costs. You are also entitled to compensation in the form of a Personal Representative’s fee, typically 2% of the value of the estate.

How long does it take to administer an estate in Wisconsin?

It will take several months to administer a basic estate, and much longer for complicated estates. In Wisconsin, there is a three month period after the estate has been opened, during which creditors may file claims in the estate.

What happens if you don't have information about your assets?

If you don’t have very much information regarding assets and expenses, an attorney will not be able to tell you which procedures can be used until you gather more information. It may be necessary to sort through files and go through all of the decedent’s paperwork before you can begin the process. 4. You Will Need Time.

Do all estates need to be probated?

Not all estates are subject to probate. If the deceased named direct beneficiaries on his or her life insurance, bank accounts or retirement accounts, for example, these assets will not need to go through the probate process.

When entrusting a lawyer with your livelihood, it’s important to assess their background and competence level.

When you entrust a lawyer with your livelihood, it’s important to assess their background and competence level. This is, after all , the person who will be representing you in front of the judge and jury – make absolute sure that they can walk the walk when the path gets rocky.

Do you need references for a lawyer?

You need references to get a job, so logic dictates that when you interview a lawyer, they should be able to furnish references that offer a clear picture of their professional background as well. No company would ever hire a worker who doesn’t provide references, and you should never hire a lawyer who doesn’t, either.

How long does it take for a personal injury lawsuit to be filed in New York?

Keep in mind that New York has a statute of limitations of 3 years after a personal injury incident takes place.

Can you give an exact figure upfront?

An exact figure usually cannot be given upfront, due to unknowns such as liability, discovery, and medical evidence.

Can an attorney give you an estimated amount of damages?

At this evaluation stage, the attorney will not be able to give you even an estimated dollar amount of your damages but should be able to tell you if you are legally entitled to compensation for your medical expenses, lost wages, pain, and suffering, and possibly other categories depending on your individual case.

Can a personal injury case be settled without a jury trial?

If a fair, reasonable offer is negotiated prior to trial, it’s possible that a personal injury case could be settled without a jury trial; however, if no amount can be agreed upon by both parties a jury trial may be inevitable.

Do personal injury attorneys charge a fee in New York?

In New York, personal injury attorneys work on a contingency basis. This means you are not charged a legal fee unless the attorney wins your case, and the fee will be a percentage of your compensation award. Find out what that percentage is and whether there will be additional costs in addition to the legal fee.

Why is it important to ask a personal injury lawyer to interview?

Although uncomfortable, it’s important to ask this to the personal injury lawyer you’re interviewing so that you know if he or she has been in trouble in the past and the reasons it’s for. You want to make sure you’re hiring someone with integrity and respect for the legal profession.

What happens if a personal injury lawyer takes on too many cases at once?

If a personal injury lawyer takes on too many cases at once, your case might not be handled competently. It’s always good to know how many cases a lawyer works on at a time so that you can decide if he or she has the necessary amount of time to effectively help you win your case. 4.

Why do people settle out of court?

Many people prefer settling out of court because it is much less stressful.

What is communication in personal injury?

Communication is a huge topic of conversation between you and your future personal injury lawyer. You need to set boundaries and discuss different methods of contact so that you are both clear and comfortable moving forward.

Can a personal injury attorney work on your case?

You most likely want to know if the personal injury attorney has any similar experience in his or her past that will help you win your case. Some people only want experienced attorneys. Others are okay with allowing new attorneys to work on their case. It’s up to you, but you should be able to make the choice yourself.

Do personal injury lawyers know if you have a case?

Usually, the personal injury lawyer will let you know after some research as to whether or not you have a case. But, feel free to ask just in case they already know the answer.

Is it hard to hire a personal injury lawyer?

Hiring a personal injury lawyer might seem difficult and confusing, but it doesn’t have to be. Lawyers go through intensive schooling and education to be able to represent clients competently. When you or a family member has been injured, hiring a lawyer might be the last thing on your mind.

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 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.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

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.

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.

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 Is A Personal Representative?

  • Formerly known as an executor or executrix, the Personal Representative is charged with gathering the assets, notifying all beneficiaries and creditors, paying all legitimate expenses and debts, and finally, distributing any remaining assets to the beneficiaries all in accordance with
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What Does It Mean to Be A “Fiduciary”?

  • Overriding this entire role is a duty of loyalty to protect and act in the best interests of all beneficiaries and any estate holders, such as a creditor. The Personal Representative is required to act with reasonable care in administrating the estate in a diligent manner. Self dealing for the benefit of the personal representative that harms the estate is strongly prohibited, unless allowe…
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Can The Personal Representative Get paid?

  • As Personal Representative, you may be entitled to compensation. The Probate and Family Court will require detailed records as to the time and activities that you have spent on behalf of the estate. The fee that can be charged depends on several factors such as the size of the estate, experience that you may have in handling these types of matters and the complexity of winding …
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