what questions to ask an attorney to settle an estate

by Amber Lindgren 9 min read

Here are several questions you should ask yourself: When meeting with a potential estate planning lawyer, how comfortable do you feel? Does your advisor communicate well and clearly?

Questions to Ask a Probate Attorney
  • What is the focus area of your practice?
  • What is the job as a probate attorney?
  • Have you executed a will before?
  • My loved one died without a will.
  • Do I need a probate case?
  • How do you charge for your services?
  • How long does probate take?
  • What can I expect during probate?

Full Answer

What are the best questions to ask a lawyer?

Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death. Is the Previous Power of Attorney Still Valid? You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force.

What should you look for in an estate planning attorney?

The thought of planning your estate may seem daunting. You might wonder where to start or what you should ask your attorney. To get your estate plan off on the right foot, consider the following six questions to discuss with your estate planning attorney. Use Your Time Wisely A Get-Started Guide to Seeking Sound Advice 2 3 4 5

How do I hire an estate attorney?

“I’m not rich so do I really need a Last Will & Testament?” The answer is simple, as Chernoff explains. “The reason you need a Will is because you should be the one who designates who takes care of your stuff, and you should designate who should get your stuff. Because otherwise it may go to people who you don’t want to have the stuff.”

What should I ask before hiring an attorney?

Probate Attorney Questions Siblings Rights After Parents Death – What You Should Know! “Absolutely top notch firm for handling all your estate planning matters.” “Definitely a firm that will “fight to the finish.” “I have been working with this firm since 1994; you can’t beat a firm like this, that is so ethical and competent.”

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What are some good questions to ask an attorney?

In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...

What is a legal process of settling the affairs of an estate?

Estate administration is a legal process to settle the affairs of a person who passed away. Through this process, their debts are settled, and their assets are distributed.

How do I settle an estate plan?

Checklist for Settling an Estate in 9 Easy StepsOrganize important information.Determine need for probate or attorney help.File the Will and notify necessary persons.Take inventory and appraise all assets.Set up a bank account.Pay taxes.Pay off any debts.Distribute assets according to deceased person's Will.More items...

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.Dec 17, 2021

What is an unsettled estate?

Overview. When someone dies with no will or known family, their property passes to the Crown as ownerless property (or 'bona vacantia'). It can be any kind of property, like buildings, money or personal possessions. You could be entitled to a share of a deceased relative's property ('estate') if you're a relative.

How long does it take to settle an estate?

The Basics of Probate Timelines Unfortunately, every estate is different, and that means timelines can vary. A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.Feb 28, 2022

What are the four must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

What are the 5 components of estate planning?

A good estate plan is comprised of five key elements: Will, Trust(s), Power of Attorney, Health Care or Medical Directive and Beneficiary Designation. A will is a legally binding document that directs who will receive your property and assets after your death.Nov 8, 2017