what questions do you ask an attorney about session and probate of a will

Many people wonder what questions to ask a lawyer for probate or estate planning matters. You should be able to ask the following questions and get a straightforward answer: What are your fees? What is the typical total cost of this process? Do you charge a flat fee or hourly?

Full Answer

Why is it so important to hire a probate attorney?

Apr 24, 2019 · Probate is the court-supervised process of authenticating a will. It's a process that includes locating and determining the value of assets, paying any required taxes, debts and other final bills, and distributing the remainder of the estate or available assets to the designated beneficiaries or legal heirs. Do probate attorneys practice other ...

What are the main duties of a probate attorney?

Sep 24, 2018 · The probate process without a will can be time-consuming (lasting years) and can be expensive as well as put emotional and financial demands on your family that can drive them apart. You may also forfeit any possible tax deductions on taxes due upon your death. There are many things to consider. An attorney can answer all your questions.

Why do you need to hire a probate attorney?

Feb 23, 2017 · Well, Here are a few questions to ask: What are the things/requirements I should provide for case evaluation? What problem do you foresee with my case? How would you go about handling my case? What is the process? How long will it take to bring the case to a conclusion? How do you charge for your service?

How do I choose the best probate attorney?

Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com ... Read More. Anyone who dies without a will in PA, may have their assets distributed through probate under intestacy laws.

What kind of questions are asked for a will?

5 Questions An Attorney Will Ask When Drafting A WillWhat Do You Hope To Achieve With A Will? ... What Is Your Family Situation? ... What Assets Do You Own? ... Where Do You Want Your Assets To Be Distributed? ... Who Will Be Responsible For Your Estate?Jul 23, 2019

Will preparation questions?

Your Top 10 Will Questions AnsweredWhat is a will? ... What's the difference between a living trust and will? ... Why do I need a will? ... What if I haven't had kids yet? ... Do I have to make a new will if I move between states? ... Do I have to get a will notarized? ... Can I change or cancel my will? ... When should I update my will?More items...•Jan 19, 2022

What are 5 things lawyers do?

What Lawyers DoAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

Will preparation checklist?

A 10 point Will preparation checklistStep 1: Get down to basics. ... Step 2: Get a ballpark of your assets. ... Step 3: Get a general sense of your debts. ... Step 4: Choose a guardian. ... Step 5: Choose an executor. ... Step 6: Make a list of specific gifts. ... Step 7: Make a list of beneficiaries.More items...•Oct 13, 2020

How long does it take to close a probate case?

A simple probate case could be decided within a week, while a complex action could take months to close.

Is probate a specialist?

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.

Ask About the Experience of Your Probate Attorney

The experience you want your lawyer?to have is partly a matter of personal preference. For example, it may be important to you that they have experience working with a similar case to yours.

Ask About the Legal Process

Asking about the legal process includes questions about how?long?it will take.

Ask Them About Your Case

Find out who will be working on your case. Many lawyers work in teams or have support staff. You need to be comfortable working with your lawyer and the people they work with.

Final Thoughts

Now you know the most important questions to ask your probate attorney to make the process easier.

What is probate after death?

If the person dies leaving behind a will, it is the process of “proving up” that will and transferring the person’s assets to his or her living heirs. This is the most common type of probate.

What is estate planning?

Estate planning is the process of making the necessary decisions to put a person’s (or a couple’s) affairs in order and to state your wishes on what should happen with your assets and property should you pass away or become incapacitated.

Is probate a will or testament?

For peace of mind as well as less expense, you should consider drafting a will (also called a last will and testament). The probate process without a will can be time-consuming (lasting years) and can be expensive as well as put emotional and financial demands on your family that can drive them apart.

Why is a trust revocable?

And it is revocable because it can be revoked or terminated by the Trustor – who created the trust. A Trustee manages the assets that the Trustor placed in the trust. Usually, the Trustor is the same person as the Trustee in the beginning, until the trust is handed over to another Trustee.

What is a full estate plan?

A full estate plan involves a list of specific instructions as to whomever you want to be in charge of administering your estate, how you want things managed, and how you want your assets distributed. The plan can include a Declaration of Trust (describing your assets like property, savings, stocks, bonds, retirement accounts, etc.).

What is a beneficiary in a trust?

A Beneficiary is a recipient who will inherit the assets of the trust at some point. The Trustors, Trustees, and Beneficiaries are named n the trust document. Most often, a revocable living trust will allow beneficiaries to receive inheritances directly without going through the court process.

Can you probate a will?

But probate with a will is fairly straightforward because your wishes are clearly stated. You can establish a revocable living trust to avoid probate. Or you can have a “payable-on-death” arrangement for some accounts. Or you can have joint holdings (e.g. with your spouse).

What time do you call a lawyer?

Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

How long do creditors have to file a claim against an estate in Ohio?

Generally speaking, creditors have 6 months from the date of death to present a claim against the estate to the appointed administrator. See Section 2117.06 of the Ohio Revised Code (link below). Depending on the details, you may want to sit down with an attorney to see if you have any... Read More

Do you get the home if you pass away?

When you say would she get the home, do you mean if you pass away? Since this is posted under Wills and Probate, I will answer with those facts. In short, it depends on what the title says. If she is on the deed and it is jointly owned with rights of survivorship, then yes, she gets the home if you pass away . If she is on the deed and there are no survivorship... Read More

What to do if your father owns anything?

If your father owned anything, someone should settle his estate. Most states have a Small Estate Affidavit which can be filed. No court appearance is needed. Talk with a probate lawyer who practices in Worcester County.

Can you file a suit for partition?

You can file a suit for partition, forcing your fellow heirs to buy you out or be bought out at fair market value. If the recalcitrant sibling does not agree, this can force a sale to a third party.

Can you be stuck with a property that was passed to four beneficiaries?

It depends somewhat on how the property was bequeathed. If it was directly passed in undivided interests to four beneficiaries you may be stuck with it, absent agreement or a law suit for partition of the property (a court ordered sale). If on the other hand the property is simply in the "residue" of the estate and not specifically passed, then generally it will need to be... Read More

What is justia ask a lawyer?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

Can a parent disinherit a child?

Generally, yes, a parent can disinherit a child for any reason unless the child is a "forced heir". A "forced heir" is an child that is either (1) under the age of 24 at the time of your father's death; or (2) a child of any age who at the time of your father's... Read more ».

Chuck R. Pardue

You need to retain a probate attorney. An attorney can apply to have another person, such as yourself, to act as an substitute executor. The POA will not be sufficient.

Glen Edward Ashman

Sadly your mother missed the deadline to seek the home by years support, which was 2 years which might have avoided probate and some property taxes. Wills don't name administators-they name executors. Your POA doesn't help. Any close relative can seek to become administrator with will annexed.

Loraine M. DiSalvo

If you had sought help for your mother more quickly, then someone may have been able to file a year's support claim on her behalf and get the house and any other assets that may have become part of your father's probate estate to her that way, without the need to probate the Will.

Ask About The Experience of Your Probate Attorney

Ask About The Legal Process

• Asking about the legal process includes questions about how?long?it will take. This doesn’t?need?to be exact and?there is no need to rush the process, but?your attorney should be able to estimate this. This is important for you to plan your budget. It’s also good to about?means of communication. Is your lawyer is easy to visit??Maybe they prefer?E-...

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Ask Them About Your Case

Final Thoughts