what questions should we ask our attorney when filling out a will

What are the best questions to ask a lawyer?

What questions should I Ask my Lawyer?

What should I ask before hiring an attorney?

Oct 21, 2021 · Here are some questions to ask at the consultation: What would the lawyer like to see in order to evaluate your situation? What problems does the lawyer foresee with your case? How would the lawyer go about handling your situation? What is the process? How long will it take to bring the matter to a conclusion?

What questions would a lawyer ask?

May 19, 2021 · Get the right guidance with an attorney by your side. Our network attorneys have an average customer rating of 4.8 out of 5 stars. ... 10 Questions to Ask an Attorney About Living Trusts. Find out what to ask your attorney about living trusts so you get the most out of this powerful document.

What questions to ask when setting up a will?

5 Questions to Ask Before Writing Your WillHow should I express my intentions? ... Who makes sure my intentions are carried out? ... What is a trust? ... How much inheritance tax will my heirs owe? ... What if I want to leave money to charity?

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

Do and don'ts of making a will?

Ten Do's and Don'ts for Writing Your Will1.) Don't put it off. ... 2.) Don't get lost in the weeds. ... 3.) Don't bestow honors. ... 4.) Do name alternates. ... 5.) Don't let the choice of alternates bog you down. ... 6.) Do express your wishes for charities and friends. ... 7.) Don't think that other documents or statements will suffice. ... 8.)More items...•Feb 20, 2020

What do I need to think about when making a will?

7 things to think about when making a WillDecide who your executor is. ... Decide who will benefit from your Will. ... Consider areas of potential complication. ... Be mindful of Inheritance Tax. ... Make sure your will is legal. ... Decide where to store your Will.More items...•Jan 14, 2019

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 ...

Does a will have to be notarized?

A will doesn't have to be notarized to be valid. But in most states, you'll want to add a "self-proving affidavit" to your will, which must be signed by your witnesses and notarized.

What should you not write in a will?

Types of Property You Can't Include When Making a WillProperty in a living trust. One of the ways to avoid probate is to set up a living trust. ... Retirement plan proceeds, including money from a pension, IRA, or 401(k) ... Stocks and bonds held in beneficiary. ... Proceeds from a payable-on-death bank account.Mar 3, 2021

Which type of will is best?

1. Living Will. Despite the similarity in name, a Living Will actually does a lot more than a traditional Last Will and Testament can. Also called an Advance Healthcare Directive, a Living Will is good for end-of-life planning and to make your wishes known regarding medical care you may want in the future.

Can I leave my house to my daughter in my will?

You can leave your home to several people if you want to—all of your children, for example, or your siblings. When you choose this path, each beneficiary gets an undivided stake in your property. They each have to decide whether to keep that stake, or whether to sell their stake—or buy another beneficiary's stake.Sep 15, 2021

Can I leave my half of house to my son?

A. Yes. Owners of investment properties generally have 2 choices. You can leave your half of the properties to your children absolutely (immediately upon your death).

Can you make a will without a lawyer?

You do not have to use a lawyer if you write up your own will. However, it is a good idea to get it checked by a lawyer before you get it signed and witnessed. They check that everything is in order and that the will is properly dated, signed and witnessed.Nov 30, 2021

Number 1: What Is Acceptable Id?

This clearly takes the top spot. One of the key reasons it comes up so often is that Notaries are confronted with a growing array of identity cards...

Number 2: Can I Notarize This document?

This is a frequent question asked by both new and experienced Notaries. It can come up if you’re used to notarizing certain types of documents in y...

Number 3: What Kind of Notarization Is Required?

Most clients who come to you simply say, “I need this notarized.” They have no idea that there are different notarial acts. Before you ask them wha...

Number 4: How Do I Complete The Notarial Certificate?

It doesn’t matter if you’re a new or experienced Notary, sometimes you’ll encounter certificate wording that is confusing. Out-of-state certificate...

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

What is the first meeting with an attorney?

The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan.

How to save money on legal fees?

To save money on legal fees, take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that lawyer will have to spend on your case . Even eliminating one email exchange could save you hundreds of dollars.

Do lawyers charge for consultations?

Attorney consultations vary, depending on the attorney’s preferences. Some lawyers charge for a consultation, others don’t. Some will only hold consultations over the phone, but some will let you come in (this is best, so that you can get a better feel for the attorney).

Is it expensive to hire a trust lawyer?

Hiring a trust and estates lawyer is almost always expensive. Learn how to save money by hiring the right lawyer, preparing for your first meeting, and making the most of your lawyer's time.

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 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, ...

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, ...

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 ...

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.

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.

What happens if you get approved for notary public in Florida?

“If your application is approved, you will receive your commission certificate and notary seal from your bonding agency. Please confirm that the information on the seal and certificate are correct; if so, you may proceed to perform your duties as notary public” (Florida Governor’s website, “How to Become a Notary”).

What does "location" mean on a notary certificate?

Hello. The venue (location) on Notary certificate wording always indicates the location where the notarization occurred. You should write in the state and county where the notarization is taking place in the venue section of the certificate

Can you certify a power of attorney in California?

If so, we're sorry, but you may only certify a copy of the power of attorney-you cannot certify copies of the other documents. California only authorizes Notaries to certify copies of powers of attorney, or copies of their own journal entries if requested by a court or the Secretary of State's office.

Can you notarize a signature in California?

Hello. If the initials do not represent the signer's legal signature, they should not be notarized. California prohibits a Notary has a direct financial or beneficial interest in a transaction from notarizing. A Notary should always avoid notarizing if there is the possible appearance of a conflict of interest. If you are not sure whether or not you have an interest in a document, the safest course is always to find another Notary with no connection to the transaction.

Can you use a stamp with your old name in Colorado?

According to Colorado Revised Statutes 24-21-517, the stamp must contain the name of the Notary as it appears on the Notary’s commission certificate. Since your name has been changed, you cannot use the stamp with the old name.

Do you have to show ID to notarize in California?

Hello. Yes, in California signers must show you their ID each time you notarize for them. CA Notaries are not allowed to rely on personal knowledge of a signer's identity for notarizations.

Can a notary notarize a signature in Florida?

Hello. No, Florida Notaries may not notarize a signature on a document if the Notary has a financial interest in or is a party to the underlying transaction (FS 117.107 [12]).

How to plan your life after a divorce?

If you want to plan your life after a divorce, you should at least have a general idea of how long divorces similar to yours take. This planning will also help you prepare a budget for the cost of divorce. The attorney should truthfully tell you there is no way to predict exactly how long a divorce will take.

What can a divorce attorney do for you?

An experienced and knowledgeable divorce attorney will provide you with the tools to communicate better with your spouse. These tools include how to communicate with your spouse, when to communicate with your spouse and how to diffuse conflict.

What is spousal support?

Spousal support, also called alimony, is either temporary or ordered at the final judgment. Most divorce cases include both temporary spousal support and spousal support at the judgment phase. We are not going to go into a lengthy discussion about spousal support.

What to ask a divorce lawyer at the end of the consultation?

At the end of the consultation with a divorce attorney, you will need to have a clear action plan. For this reason, you should ask the lawyer what your next steps have to be before and/or after you file for divorce.

What to do if you are not sure where to start?

For this reason, if you are not sure where to start, let the attorney lead the conversation. When your lawyer takes the conversation under their control, they can gather the necessary information about your case that would be helpful to answer your questions and explain your options. 2.

Can one spouse file for divorce?

One spouse files an Original Petition for Divorce ; The other spouse is served with the divorce papers; The court may issue a temporary order while the divorce case is pending; The parties and their attorneys are gathering the necessary information for their case;

What is a durable power of attorney?

A durable power of attorney for health care, medical power of attorney or health care proxy is a document saying who you would like to make health care decisions for you, if a time were to come when you couldn’t speak for yourself.

Does Medicare cover advance care planning?

Yes! As a matter of fact, Medicare now covers advance care planning. Your doctor can counsel you as you make these decisions, and help you fill out the necessary forms. You can ask your doctor about the prognosis if you have health problems. Best to have these conversations well ahead of time.