what questions to ask an attorney about wills or executors or susession

What questions should I Ask my Lawyer when making a will?

Oct 07, 2020 · 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. The process can get complicated at times, in which case a probate attorney can be a valuable asset. A state-licensed probate attorney serves as an advisor for the executor and ...

What questions should you ask an estate attorney after a death?

Apr 01, 2020 · You should first clarify whether this is a living will or a last will. The difference between these is that a last will only comes into effect following your death. Meanwhile, a living will, or living trust, can be used to transfer property or assets to your loved ones before death. You should discuss with your lawyer as to which of these would ...

Do I need a lawyer to execute a trust?

Sep 08, 2020 · A lawyer specialising in making a legal will and estate planning stays up-to-date with any changes in local statutes and procedures. They can strategise and ensure your will properly reflects your wishes. You should work with a seasoned lawyer specialising in wills and estate planning. 2. What Should Be Included In The Will?

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

May 24, 2021 · An executor needs to be able to find and access the documents easily. For example: Safe: The executor should know the combination. Safe deposit box: Who owns the box? If the box is solely in the testator’s name, family members will need to go to court to get the box open. If the box is in the name of a revocable living trust, the successor ...

What should an executor do before death?

What questions to ask when setting up a will?

How do you deal with an inheritance problem?

What is the consequence of not writing a will and planning for your estate after your death?

Will preparation questions?

What are 5 things lawyers do?

How do you deal with a greedy family member?

How do you deal with greedy siblings?

What is considered a large inheritance?

Can you empty a house before probate?

What is the 7 year rule in inheritance tax?

What are some of the implications of not having a will?

When Should I Write My Will?

To best understand the questions to ask a lawyer when writing a will you first need to know when is best to start writing a will to begin with.

Questions To Ask A Lawyer When Writing A Will

These questions, as with the timing of writing your will, will depend on the specific financial situation you are in at the time.

A Question Of Property

What happens to your property after your death is known as estate planning, and is often one of the most important parts of will-writing given how much of an investment property is today.

What does a probate lawyer do?

A probate lawyer should work with executors throughout the process. He/she submit the will for probate, make filings for court proceedings, issue notices to heirs, beneficiaries, relatives, and creditors as stipulated by the law, and help executor in Inventorizing probate assets. 18.

How long does it take to get a probate?

Smaller estates can take a few months, while larger estates can take up to a year or more to probate. As one of the questions to ask an attorney, this probe helps weigh their field expertise.

Can a decedent's assets be frozen?

In the blink of an eye, a decedent’s assets can be heisted, pillaged, squandered, or frozen. Probate attorneys help to execute the deceased’s estate plan or intestacy laws so that this doesn’t happen.

1. Is Estate Planning Your Field Of Specialisation?

You should work with a seasoned lawyer specialising in wills and estate planning. An estate lawyer can give you that added peace of mind that your will can be successfully accepted in probate courts when you’re no longer around.

2. What Should Be Included In The Will?

Once you sit down, talk through what you want to be done after your death, provide your lawyer with the right documents, and ask what else should be included in the will. This will help you figure out which provisions should and shouldn’t be part of your will.

3. Do You Also Execute The Will?

There are some will and estate planning attorneys who merely draft wills, while others can also execute them. Ask this question early on, because it’s best to work with the latter group. It’s more convenient to hire a lawyer who can also execute wills. That way, you’re guaranteed your will shall be executed exactly as you planned.

4. Who Will Receive My Assets And How Much Will They Get?

The question of how much each of your beneficiaries are going to receive will often be guided by your local laws. It’s best to ask your lawyer about this so that you have an absolute say on the distribution of your assets.

5. Do You Conduct Periodic Reviews?

Some lawyers conduct periodic reviews, while others don’t. A periodic review is done when the lawyer does a regular check for updates regarding any changes in your life situation.

Conclusion

If you have no idea how to start drafting your will, the advice above provides you with a great starting point. The most important takeaway is for you to remember to leave this task in an expert lawyer’s hands. In doing so, you’re assured that your will is accurate, legal, and will be accepted in the probate proceedings.

What is the responsibility of an executor?

Accounting for assets and liabilities is an executor’s primary responsibility. If the information about assets and liabilities and their location is current and accessible, it’ll make everyone’s life easier. Asking the testator (maker of the will) to maintain an updated list along with their estate planning documents can be helpful in guiding you as an executor.

What happens when you make a will?

When an individual creates a will, they typically appoint an executor or personal representative. If they choose you as their executor, it is important to speak with them, so you are prepared to carry out their wishes efficiently. Taking initiative and having conversations now can save time and unnecessary stress in the future.

What documents do you need to keep in a safe deposit box?

Important documents may include wills, trust documents, birth certificates, marriage certificates, divorce decrees, military discharges, etc. Knowing where to find these documents is essential. An executor needs to be able to find and access the documents easily.

Do digital assets come to mind when planning an estate?

Digital assets may not immediately come to mind when you think about estate planning! Nevertheless, most people have an online presence. If the testator has not updated their estate plan recently, they may have neglected to include their digital assets.

What are the social media accounts?

Social media accounts (Facebook, Twitter, Instagram, etc.) PayPal and Venmo accounts. Rewards programs (credit cards, hotels, airlines, etc.) Cryptocurrencies. It can be helpful to keep a complete list of accounts, usernames, and passwords in a safe place.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Do you have to open a probate estate?

In most cases, the answer to this question will be yes. Many people erroneously believe that they will not need to open a probate estate, but this is rarely the case. If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options ...

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Do you need a death certificate for a funeral?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

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.

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

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 ...