what type of attorney does an estate beneficiary need

Whether you are the beneficiary of a trust or an heir under the will, you may have interests that you need to protect. See the attached link for more information. You should consult with an Idaho trust and estate attorney. Do not delay as the passage of time will negatively affect your rights.

Full Answer

Do I need an attorney to represent me as a beneficiary?

Feb 17, 2021 · Being named as a beneficiary under a will or trust does not mean you have to hire an attorney to represent you. However, there are several instances when seeking the professional advice of a probate attorney can help you understand and assert or …

Do I need a probate attorney to protect my rights?

Mar 17, 2020 · If you are an estate beneficiary, and you are confused by what’s going on or suspect foul play, the best thing you can do is to hire your own attorney. Your attorney can explain the probate process to you, obtain information from the estate’s attorney in an efficient way and, if necessary, file reasonable and legally sound pleadings on your ...

Do I need to hire a lawyer as an executor?

Aug 08, 2014 · A probate attorney is needed to settle an estate. Probate is the court supervised (to varying degrees) process for overseeing the transfer of assets of the deceased to beneficiaries, and resolving creditor claims.

Why do I need a lawyer for Wills?

As a beneficiary of the estate. You need representation of counsel to ensure that your rights are protected. Please note that when the fiduciary hires an attorney and the attorney is paid by the estate, the attorney does not represent you nor does that attorney represent the estate. The attorney the fiduciary has hired represents him or her.

What to do if you are not sure if a will was done correctly?

If you are not sure if the will was done correctly, you should consider hiring an attorney. You should consider getting an attorney to represent you in the legality of the will or trust.

Do you have to hire a probate attorney to be a beneficiary?

Being named as a beneficiary under a will or trust does not mean you have to hire an attorney to represent you. However, there are several instances when seeking the professional advice of a probate attorney can help you understand and assert or protect your rights as a beneficiary.

What is the duty of an executor of a trust?

As mentioned, the duty of an executor to communicate is overseen by the court. A trustee, however, is typically free to act without court supervision, and some trusts allow the trustee to act with minimal communication to the beneficiaries. If you are a beneficiary and are not receiving communication from the named executor or trustee, your attorney can communicate on your behalf with that executor or trustee and explain your concerns, and request information or an informal accounting.

What is lawyer time?

A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries. In other words, the beneficiaries may think their constant contact with ...

Who represents the estate in probate?

In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean? That means that the lawyer works with the Personal Representative so long as that person is acting in the estate’s best interest.

Is a lawyer a fiduciary?

Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries. Otherwise, one problematic beneficiary can unfairly reduce the other beneficiaries’ distributions.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Can I hire a probate attorney in Ohio?

No, unfortunately your sister in OH cannot hire an OH attorney who is not licensed in PA to probate your mom's estate. However, you as a beneficiary have the right to be represented by probate counsel...

Can my sister in law hire a different attorney?

To answer your main question...your sister-in-law may hire a different attorney as administrator, however...she must hire someone who is licensed to practice law in the state where the probate is filed.

Why do you need an attorney?

Why do you need to hire an attorney if you are a beneficiary or fiduciary (executor, administrator or trustee)? Hiring an attorney is important to protect your interests in the estate and to maximize the inheritance by proper administration of an estate.

Do you need representation of counsel for an estate?

You need representation of counsel to ensure that your rights are protected. Please note that when the fiduciary hires an attorney and the attorney is paid by the estate, the attorney does not represent you nor does that attorney represent the estate. The attorney the fiduciary has hired represents him or her. So please do not think that the attorney is “for the estate.” They are not!!!!! The estate’s attorney is essentially your adversary. Yes, you can get information from the estate’s attorney but they will not give you advice or tell you if the fiduciary has done something wrong. Without your own attorney to examine the fiduciary’s conduct and how the estate was administered, you may never know and if you do discover something was done wrong, it may be too late to complain or do anything about it.

Christopher J. Moore

Your question is mixing terms. You state that you are a beneficiary of a Trust and also state that the executor of your father's estate is selling assets. An executor or Personal Representative is appointed by the court in a probated estate. A Trust is usually not probated and is managed by a Trustee.

Eric Brian Swartz

Whether you are the beneficiary of a trust or an heir under the will, you may have interests that you need to protect. See the attached link for more information. You should consult with an Idaho trust and estate attorney. Do not delay as the passage of time will negatively affect your rights.

Eric Jerome Gold

First off, you are confusing some of the terms. The executor manages the probate estate and a trustee manages a trust. Regardless, if you are not comfortable with the actions that the executor and the estate attorney are taking, you need to consult with a local probate lawyer.

Joseph Franklin Pippen Jr

You would be wise to consult an attorney under any conditions if you feel your beneficiary#N#rights are being violated.