If the beneficiaries of a revocable living trust don't agree with how the successor trustee is handling the distribution of the trust assets, then the successor trustee will need to hire an estates and trust attorney to assist with settling the beneficiaries' disputes.
How to Hire an Estate Attorney. If you’ve recently been named as an executor of an estate, you may not yet know you may need to have a team of professionals to help, and that you may need to hire 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 …
A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the ...
Apr 29, 2009 · Certainly an executor should hire a lawyer to help out, but 200 hours of legal work is probably not at all justified, and is more likely to be 1/20th of that amount of time. The lawyer should not, without your express consent, become the executor/personal representative.
Sites such as LegalZoom.com ($69 for a basic will) and Nolo.com ($59 for a basic will) provide forms and guidance on drafting your own will. If you …
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.
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.
A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.
Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.
Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:
If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.
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.
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.
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.
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 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.
The most basic right is that they are owed a fiduciary duty from the executor, administrator or trustee, and that is the highest duty known to law. The fiduciary must take appropriate steps to protect the heirs and carry out ...
An heir is commonly thought of as someone who receives money or property from a person who has died. In legal terms, heirs are the next of kin and are the people who would normally benefit if the person died without leaving a will (died “intestate.”)
If there is no Will, the law will specify who inherits what. The executor or administrator receives a fee for his or her services, usually specified in a schedule published by the court and is allowed extraordinary fees if particular services are required, such as commencing litigation or selling real property.
The executor or administer has a fiduciary duty to the heirs and is personally liable for failure to perform. The process is a public one with documents filed with the court and available in the court records.
If taxes are due the probate will remain open for at least a year since there are tax advantages in that approach.
In legal terms, heirs are the next of kin and are the people who would normally benefit if the person died without leaving a will (died “intestate.”) The succession of intestate heirs is based on direct descendants, such as children or grandchildren. Other relatives, such as sisters and brothers, or aunts, uncles, nieces, nephews, and cousins, ...
The succession of intestate heirs is based on direct descendants, such as children or grandchildren. Other relatives, such as sisters and brothers, or aunts, uncles, nieces, nephews, and cousins, are called collateral heirs. If there is a written will, it specifies who will inherit and it often is not the people that would normally inherit ...
I agree with Attorney Reed. While I think it is always better to keep the lines of communication open, and to cooperate with all of the interested parties, the lawyer technically represents the PR and not the beneficiaries.
You need to hire your own probate lawyer to see what is happening with the estate. The attorney for the personal representative only represents the estate and not any of the heirs. If neither the attorney nor the personal representative will return your calls, your best remedy is to have your own representation...
The probate attorney only has as a client the personal representative. The probate attorney has certain ethical duties towards the other heirs, but these do not include talking to them or giving them advise. There are at least three good reasons why the lawyer for the personal representative will not talk to other heirs:...
In addition to the good advice my colleagues have provided, I would add that since probate is an open court process you can go to the court and look at everything that has been filed. Many courts have electronic records, some accessible via the internet. Depending on what information you seek, that may answer your question.
I agree with my colleagues. If you have concerns, it is best to retain your own counsel. This is not unusual.
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