when should a benificiary hire an attorney

If there is a complex estate and you need help interpreting what the trustee or executor is sending you, you may want to hire an attorney to make sure you understand your rights and responsibilities. Some estates or trusts are more complex than others, and beneficiaries may be required to receive and acknowledge receipt of different legal documents.

Full Answer

Do I need an attorney to represent me as 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.

When to hire an attorney for a complex estate or trust?

If you need assistance decoding a complex estate or trust. If there is a complex estate and you need help interpreting what the trustee or executor is sending you, you may want to hire an attorney to make sure you understand your rights and responsibilities.

Is it necessary to hire a lawyer to probate a will?

In these cases, it may not be necessary to hire a lawyer. But with many estates, the procedures are more complex, there may be tax issues, and a probate lawyer can be of great help. It is possible to prepare a simple will, power of attorney, living will, or even a basic living trust without a lawyer.

When should I hire a lawyer?

If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses (such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire an attorney. If you stand to lose a great deal of money in a lawsuit, find a lawyer.

What are the responsibilities of a beneficiary?

A beneficiary does not have responsibilities as an executor does. The beneficiary is supposed to collect assets that are named to them. To determine where an individual's assets and possessions will go when they die, they need to make plans to administer their estate.

What are the 3 types of beneficiaries?

There are different types of beneficiaries; Irrevocable, Revocable and Contingent.

What is the order of beneficiary?

It is only necessary to designate a beneficiary if you want payment to be made in a way other than the following order of precedence: To your widow or widower. If none, to your child or children equally, and descendants of deceased children by representation. If none, to your parents equally or to the surviving parent.

Who contacts beneficiaries of a will?

Helen: If someone has left a will and you are a beneficiary of an estate, you would usually be contacted by the executor, or the solicitor the executor has instructed, to notify you that you are a beneficiary.

Why is it important to find a lawyer?

Especially if there is a sizeable estate, tax issues, or a complicated or extensive distribution plan, it is important to find a lawyer to be sure things are done right. You Are Adopting A Child. Adopting a child is an important matter, and an attorney will assure things are done right. A Contract Is Needed. It is essential that you understand the ...

What are things clients want to pursue as a matter of principle?

Things clients want to pursue as “a matter of principle” are rarely worth pursuing in court. This includes problems like someone demeaning you (slander and libel), causing you “emotional distress,” and minor disputes between neighbors. You won’t be able to prove any monetary damages.

What to do if you don't understand the terms of a contract?

If you don’t understand the terms, or how to prepare a contract, consult a lawyer. If you need a complex business organization (multiple entities), have complex tax matters, need to file for a patent, or become involved in litigation, hire a lawyer.

Can you have two lawyers for someone who died?

In some states, even if you are in agreement , or close to agreement, you can both hire one lawyer to assist you in getting through the legal process. You Need To Administer The Estate Of Someone Who Died.

Do you have to consult a lawyer for personal injury?

You may have automobile or homeowners insurance, but it is still advisable to consult a lawyer. If you or a family member have been injured, and it appears you have a good claim, most personal injury lawyers will not charge you any fee, but will take payment from the judgment they obtain.

Can you prove monetary damages?

You won’t be able to prove any monetary damages. You’ve Been Fired. Even if it’s worthwhile to sue your employer, you will need to be prepared to pay a labor lawyer several thousands of dollars up front, with no guarantee of success. It may take years to have your case resolved.

Is it cheaper to hire a lawyer?

The Value of Hiring a Lawyer. Legal services generally do not come cheap. The more complicated your legal problem, the more you will need legal advice, and the more it will cost for legal help. In some cases, it can be much more costly to try to represent yourself.

Maria Sara Lowry

No one is executor until the person dies and a court appoints an executor. Talk to your parents about your concerns. If they are mentally competent, they can execute new wills (hire a lawyer to draft wills, POA's, advance directives). If they are not mentally competent, hire a probate lawyer and file for guardianship of them...

Jeffrey Alan Hines

If your brother has this instability in his background, why was he named executor over you? If these mental health issues srd still present, that may be enough fir yhe probate to find he is "unsuitable," and disqualify him from serving as the PR.

Gus M Bernard

I agree with Mr. Green. Once your parents have passed, the most efficient way to satisfy your concerns is to hire a a probate attorney, with whom you can establish a rapport. That Atty will keep you informed and advise whether anything seems wrong.

Sean Joseph Green

If your parents are still alive, so long as they are competent they can change the executor nominated in a prior will. If they are not competent (thus not legally able to change will) or if no one has the power under a power of attorney to change the will (not likely) then the will stands as is.

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.

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.

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 does an attorney ask the court to decide?

Your attorney, on behalf of your interest as beneficiary, would ask the court to decide whether the acting executor or trustee is mentally capable of carrying out his or her legal duties or should be replaced. Similarly, if the executor or trustee was acting erratically or in a manner that was not in the best interests of ...

How to determine heirs without a will?

Without a trust or will, someone must initiate the process on behalf of the loved one’s estate to determine the heirs. The person initiating the process may request, through an attorney, appointment by the court as administrator of the loved one’s estate. If such a process has not been initiated, you could consider initiating ...

What to do if a court case has not been initiated?

If such a process has not been initiated, you could consider initiating the process yourself through your attorney, or you may simply want to have your attorney help you understand your rights and serve as your voice during the process .

What to do if someone dies and you are a close family member?

If you are a close family member of someone who died, you should contact an attorney to represent your interests ...

What is the process of determining who should inherit?

This process is often known as a determination of heirship. Generally, the law of the state where your loved one resided or died will determine who should inherit and how much each person will receive. In some states, where the type of property is categorized as community property and separate property, identifying who gets what becomes even more ...

What is a valid will?

Generally, to have a valid will, a person must have had the ability to understand that the person was intentionally creating a will or trust. In other words, the person wanted to write a will and leave instructions for how the person’s money and property should be given when he or she dies.

What to do if you question a will?

If there is a question about whether your loved one’s will or trust was done correctly, you should consider getting an attorney to represent you in challenging the legality of the will or trust. Generally, to have a valid will, a person must have had the ability to understand ...

What happens when a beneficiary calls a lawyer?

When a beneficiary calls and a lawyer chooses to engage in a conversation, the lawyer must walk a careful line between providing general information about the estate (which is okay) and providing legal advice to a beneficiary (which is not okay). Another consideration at play is the attorneys’ fees.

What is the first step for an estate lawyer in a probate case?

Although it seems elemental, the first step for any lawyer in any case is to identify the client. In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean?

Can a beneficiary get counsel?

No one, unless a beneficiary decides to obtain counsel. Unfortunately, some beneficiaries think the estate’s lawyer represents them too. For free. As a result, they call the lawyer’s office. And call. And call again.

Do beneficiaries receive less money?

So that beneficiary, and any other beneficiaries who will receive percentage distributions, will ultimately receive less money. 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.

Is lawyer time considered estate administration?

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.

Can one beneficiary unfairly reduce the other beneficiaries' distributions?

Otherwise, one problematic beneficiary can unfairly reduce the other beneficiaries’ distributions. Also, unfortunately, some beneficiaries who suspect that they are being shafted by the estate choose to take matters into their own hands.

What is an estate lawyer?

An estate lawyer is trained in matters related to passing on your assets after you die, and planning for situations where you can no longer care for yourself. They are experts in wills, trusts, and your local probate process. Some estate lawyers may also have specialties, like planning the succession of a business.

How to leave assets to stepchild?

To leave assets to a stepchild, stepparent, or half-sibling, consider working with an estate lawyer. Most people could benefit from working with an estate planning attorney, but it may not be necessary (and you may not want to pay for it) in many situations. On the other hand, people in certain situations may need the help ...

Can you pass on your estate if you aren't survived?

This only happens if you aren’t survived by a spouse or child, but a solid estate plan will protect your assets and allow you to pass on as much of your estate as possible. If this is your situation, you may want to look for an estate lawyer who specializes in elder law. You want to set up an irrevocable trust .

Can you pass on assets to a business partner?

You have out-of-state property or assets . Passing on assets can get tricky if they’re crossing state boundaries, since two states may have different tax codes or other legal requirements for how to transfer an asset.

Do you need a guardian if you have a special needs person?

You have immediate family members with special needs or who will require a guardian . If you provide care for anyone who has special needs or is incapacitated ( cannot care for themselves) then you probably need to appoint a guardian for them in your estate planning documents.

Can you bequeath assets to someone who isn't a citizen?

You have foreign property or assets . You’re planning to bequeath assets to someone who isn’t a citizen . You could also run into issues if you plan to name an executor who isn't a legal U.S. resident. Certain tasks, like getting a tax ID to open an estate account, may not be possible for nonresidents.