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

by Lloyd Tromp 5 min read

To help avoid issues in your situation, here are four questions to ask when considering an executor or personal representative for your estate: 1 – Is the individual responsible? An executor must be able to keep good records, meet deadlines, and complete many tasks.

7 Questions Your Will and Trust Lawyer Should Ask You
  • * What types of documents you'll need to carry out your wishes.
  • * The costs, benefits, pros and cons of each type of plan.
  • * How to avoid will or trust contests and protect your planning, and.
  • * How to structure your assets to make the plan work properly.
Oct 17, 2012

Full Answer

How do I find a probate lawyer as an executor?

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 ...

Do you need a lawyer as an executor of a will?

Aug 16, 2018 · An experienced probate lawyer can direct you how to protect your will from being contested. Who can be named as an executor? This is another common question asked about wills. There are several conditions an executor must fulfill, but other than that, it can be a family member, a close friend, your lawyer, or other third party.

What questions should I ask a probate attorney?

Jan 07, 2011 · Executors – Key Questions to Ask Before Hiring Your Probate Lawyer Looking for a lawyer is a terrifying experience. I can give you some pointers to …

Are you asking the right questions when working with an estate attorney?

Nobody wants to call a probate lawyer.People only call us when they are dealing with the loss of a family member and need help through the process. Over the years, I have been privileged to speak with hundreds of clients and helped address their questions about the probate process in general and my services in particular. From the thousands of questions I received, I believe that seven …

What does an executor have to disclose to beneficiaries?

One of the Executor's duties is to inform all next of kin and beneficiaries of: The deceased's death; The appointment of themselves as an Executor/Administrator; Their inheritance – be it a specific item, cash sum or share of the estate.

Does an executor have to show accounting to beneficiaries?

To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.Dec 24, 2021

What is the executor of a will entitled to?

In other words, an executor's powers arise from the will and not from the grant of probate. Therefore, a sole executor or, where there is more than one executor, all executors jointly, subject to adequate verification of identity, are entitled to the original will from the date of death.

What questions should I ask when preparing 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?

How long does an executor have to distribute assets?

How does the executor's year work? The executors have a number of duties to both creditors and beneficiaries during the administration of the deceased's estate. Starting from the date of death, the executors have 12 months before they have to start distributing the estate.Aug 16, 2021

Can an executor of a will also be a beneficiary?

When making a will, people often ask whether an executor can also be a beneficiary. The answer is yes, it's perfectly normal (and perfectly legal) to name the same person as an executor and a beneficiary in your will.Aug 11, 2021

What expenses can executors claim?

These can include:Probate Registry (Court) fees.Funeral expenses.Professional valuation services.Clearing and cleaning costs for a property.Legal fees for selling a property.Travel expenses.Postage costs.Settling Inheritance Tax with HMRC.More items...

What funeral expenses can be deducted from an estate?

Furthermore, funeral expenses are deductible for Inheritance Tax purposes. This includes costs such as flowers, a headstone, crematorium fees, a wake or payments to a Rabbi.Jul 12, 2021

Does an executor of a will know what's in the will?

An executor may decide to send a copy of the will to family members or close friends and allow them to read its contents, and usually, there is little reason not to disclose the contents of a will. However, strictly speaking, an executor does not have to do this.May 29, 2020

What questions to ask when setting up a trust?

Top 10 Questions to Ask While Creating a Living Trust#1 What Assets Do I Want to Protect? ... #2 How Complex Are My Estate Planning Needs? ... #3 Who Do I Want to Manage My Property? ... #4 Am I Concerned My Children Won't Manage My Assets Responsibly After I Pass? ... #5 Do I Anticipate Family Conflict After I Pass?More items...•Oct 26, 2018

What should I include in my will UK?

Assets that typically make up an estate include:your home, and any other property you own.savings in bank and building society accounts.National Savings, such as premium bonds.insurance, such as life assurance or an endowment policy.pension funds that include a lump sum payment on death.More items...•Apr 20, 2021

What to include in a Will Canada?

Documents to include with your will are:any funeral wishes,last letters to those you love,inventory of assets,financial power of attorney (who will be responsible for your finances), and of course.your will itself.Oct 21, 2019