what should i ask an attorney about probate?

When hiring a probate attorney, ask them (or look at their website) about other areas of law they practice. My experience confirms that attorneys who don’t focus on probate/estates are less likely to properly represent their clients in estate matters.

Full Answer

How do I choose the best probate attorney?

The most straightforward questions that I can think of that you would want to ask an attorney who practices probate law relates to what should you do after someone passes away. Facing the prospect of handling complicated financial and estate-related matters while balancing the normal human emotions associated with losing a loved one can be difficult, to say the least.

Should I hire a probate lawyer?

Questions to Ask a Probate Attorney. If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

How to find the right probate lawyer?

When hiring a probate attorney, ask them (or look at their website) about other areas of law they practice. My experience confirms that attorneys who don’t focus on probate/estates are less likely to properly represent their clients in estate matters.

What are good questions to ask an attorney?

Questions should address the lawyer's experience handling the probate of wills, logistics for working on the estate and legal fees. Sample questions include: How long have you been a probate attorney? Do you have experience working with the probate court that will oversee the deceased's estate? What kinds of probate-related services do you offer? Can you walk me …

What questions are asked at a probate hearing?

These are:Do I Need Probate if the Deceased Left a Will?I Don't Want to Administer the Estate – Do I Have To?What Happens if We Can't Agree on Who Should Apply for Probate?Is There a Deadline for Administering the Estate?I Can't Find the Will – What Should I Do?Feb 4, 2019

What questions should I ask a deceased attorney?

Questions to Ask an Estate Lawyer After DeathIs the Previous Power of Attorney Still Valid? ... What Can I Do to Protect the Assets? ... Do I Need to Open a Probate Estate? ... How Can I Find Out if There is a Will? ... What About Debts and Taxes? ... How Do I Handle Notification of the Death? ... How Do I Obtain a Death Certificate?More items...

What does an executor have to disclose to beneficiaries?

There are certain kinds of information executors are generally required to provide to beneficiaries, including an inventory and appraisal of estate assets and an estate accounting, which should include such information as: ... Any change in value of estate assets. Liabilities and taxes paid from the estate.Jul 26, 2021

How difficult is probate?

Provided there are no complications, it usually takes between four and eight weeks to get a grant of probate after you've submitted the application. Once you've got it, the amount of time it takes to complete depends on the estate's complexity. ... Probate can take months, and in very complex cases, even years.Jan 26, 2022

Which power of attorney is valid after death?

Upon the death of the principal, the power of attorney is no longer valid and instead the will is executed. Instead of the agent, now the executor of the will is responsible for carrying out the demands of the principal through the will.Jun 25, 2021

How long does probate usually take?

Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete.Feb 1, 2022

What an executor Cannot do?

What an Executor (or Executrix) cannot do? As an Executor, what you cannot do is go against the terms of the Will, Breach Fiduciary duty, fail to act, self-deal, embezzle, intentionally or unintentionally through neglect harm the estate, and cannot do threats to beneficiaries and heirs.

Can beneficiaries demand to see deceased bank statements?

Some times beneficiaries want to see more detailed documents such as a Deceased's bank statement or pension documentation. Strictly speaking a beneficiary has no entitlement as of right to such documentation and it is your discretion as Executor whether or not to disclose it. The nature of the beneficiary's interest.Jun 19, 2019

Can an executor refuses to pay beneficiary?

Can they do this? If an executor/administrator is refusing to pay you your inheritance, you may have grounds to have them removed or replaced. ... If this is the case, any Court application to have them removed/replaced is very unlikely to succeed and you may then be ordered to pay all the legal costs.May 18, 2020

Can a bank release funds without probate?

Money in bank accounts If money is held in the deceased person's name only, then family members usually cannot get access until probate is granted to the personal representative. But if the amount in an account is small, the bank may release it to the personal representative or the next of kin.Jan 17, 2022

How much does a solicitor charge for probate?

The fees for probate and estate administration can vary widely depending on who does it, whether that be a solicitor, probate specialists or a bank. The cost for these range between 2.5 to 5% of the value of the estate.

Do I need probate if I have power of attorney?

The person who had power of attorney may well be the executor or administrator of the estate. ... So the fact that you had power of attorney has no influence over whether or not probate is needed.

What is the role of a probate attorney?

The role of any reputable probate attorney is to make the process of sorting through estate matters and filing the required paperwork as seamless and stress-free as possible for anyone dealing with the loss of a loved one.

What assets do not need probate?

Assets that do not need to go through probate may include: • Retirement accounts where a beneficiary was named. • Life insurance proceeds (unless "the estate" is listed as the beneficiary) • Property that's held in a living trust. • U.S. savings bonds registered as "payable upon death". • Pension plan distributions.

What is the best way to end a battle?

This alternative dispute resolution is not always the best way to end a battle, but in some cases, mediation can make the most sense.

Why wait to file a claim after a semi truck accident?

While it may be an important step to take, waiting to file a claim, one of the best things you can do for yourself immediately after a semi-truck auto accident is to contact an attorney.

What are some examples of accidents that can cause injuries?

Some of those can include auto accidents, farming accidents, slip and falls, medical malpractice, and even fires can cause injuries that may result in a case. For instance, let’s pretend you were in an automobile accident caused by a driver who was distracted on his phone.

When is mediation mandatory?

Some of these circumstances for mediation can become mandatory when there is child custody concerns. Typically, mediation allows for an introduction followed by statements from both parties, allowing each a chance to speak. From then the mediator will ask questions to help all understand the root of the dispute.

Can mediation be used to resolve a dispute?

Any claims that do not involve legal issues, like a neighborhood dispute, can also use mediation to end a conflict. Many mediation instances have often occurred during divorce and/ or child custody cases, family disputes, conflicts between business partners and neighbors, arguments with landlords and tenants.

What does it mean when a deceased leaves a pour over will?

If the deceased left a pour-over Will, it means that the assets mentioned be put in a trust. A probate attorney with estate planning or trust administration skills can be of great assistance. 12.

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.

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 specialized area of law?

Probate law is a very specialized area of the law, and it is important to seek out an attorney with expertise in this area. You can find out a lot about your proposed probate attorney before you even get to the office.

Is a probate attorney a guarantee?

Every court is different, and every probate judge runs his or her courtroom in a specific manner. Working with a probate attorney who knows the ins and outs of the courtroom where your case will be heard can be a huge advantage, so be sure to ask about this specific expertise. Hiring a local probate attorney is no guarantee ...

Can a probate attorney give you a figure?

Even so, an experienced probate attorney should be able to give you a ballpark figure, based on the paperwork and documentation you have provided. Be sure to get information about fees and expenses in writing. Even if the figure is just an estimate, it will give you something to work with and make your life a lot easier.

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

What should an experienced attorney know?

An experienced attorney should be able to tell you which nuances of your case may cause delays and how to plan for them. Knowing this information in advance can help you obtain any necessary paperwork in advance, saving time. 6.

Do probate attorneys know immigration?

Some attorneys know immigration very well, others are proficient with criminal law, yet others primarily focus on real estate closings. When hiring a probate attorney, ask them (or look at their website) about other areas of law they practice.

Why do you need to prepare for a probate meeting?

If you take the time to prepare for your meeting with a probate attorney, it helps ensure the meeting is useful and productive. Walking into the meeting with the right documents enables the lawyer to get a complete and accurate picture of the estate. This means he can get to work on the matter immediately. And having a written list of questions ...

What do you need to do if you are the executor of an estate?

If you're the executor of an estate, you may want to hire a probate attorney to help you administer the estate. When hiring a probate lawyer, there are several things you can do to prepare for your meeting.

What is a copy of a will and testament?

The original last will and testament (or a copy, if the original has already been filed with the probate court) Copies of recent financial statements for the deceased, including bank accounts, investment accounts, retirement accounts and life insurance policies.

What is a copy of deeds?

Copies of deeds to any property owned by the deceased. Copies of any gift tax returns if there were any. Copies of any bills that are owed, including mortgage and loan statements, credit card statements and condo fees. A list of the names and addresses of all beneficiaries.

How to handle probate?

The conventional way to handle a probate is to turn it over to a local lawyer who's experienced with this area of the law. You can't exactly sit back and relax—it's still your responsibility to gather and safeguard assets, pay bills, and take inventory, just for starters. But you may feel better knowing that an expert is handling all the court-related tasks, which in a probate usually means preparing and filing paperwork. (Unless there's a dispute, which is rare, there won't be any adversary proceedings in the courtroom.)

What can a lawyer give you?

The lawyer can give you a list of important dates— for example, when is the cutoff for creditors to submit formal claims, and when will the final probate court hearing be held. Talk to a Lawyer.

How to get help with executor?

There are essentially two ways to get help from a lawyer when you're an executor: You can turn a probate case over a lawyer, or you can take on primary responsibility for handling the probate yourself and consult a lawyer only when you have questions or need limited help.

What is wrapping up an estate?

Wrapping up an estate always involves sorting through the deceased person's papers—lots of them—and making phone calls to various agencies and institutions—lots of them. You can take on a lot of this work yourself; a lawyer is not required.