where can i find an attorney to represent me for information on an estate

Once you have the file, search it for the name of any lawyer or law firm that is listed as attorney of record for the deceased. Copy this information. Repeat the same process you used to search county courthouse records at the federal district courthouse in the federal district where the deceased person lived.

Full Answer

What kind of lawyer does wills?

No one likes talking about death, but it’s better than leaving your children or siblings to sort out your estate. A clearly planned will can make t...

How much does an attorney charge to do a will?

On average, attorneys charge $940-$1,500 to create a will. However, different factors (complexity, assets, hourly rates, etc.) can impact the cos...

How do you find a good real estate lawyer?

If buying or selling property feels overwhelming and the thought of finding a good real estate lawyer seems daunting, you’re in luck. There are som...

What does a real estate lawyer do?

A real estate lawyer represents their client’s best interest in all matters related to the sale, purchase and ownership of real estate. They are ex...

How do you find a good attorney for wills?

To find the best attorney to create your will, start your search on Thumbtack. With Thumbtack, you can quickly locate lawyers near you . As you’re...

How do you find a good lawyer for wills?

Estate planning is an important part of financial planning, so it’s important to find the right attorney to prepare your will. Although most family...

How much do real estate lawyers cost?

The cost to hire a real estate lawyer depends on your needs. The national average cost for real estate lawyers ranges between $350 and $550 , alth...

How much should an estate plan cost?

The cost of an estate plan depends largely on the number of parts it includes and the complexity of the documents. The most basic estate plan is si...

How much does it cost to have a living will?

Either a family attorney or an estate, or wills, attorney can help you prepare a living will, either as part of your general estate planning or as...

Do lawyers owe fiduciary duty?

To be clear, this question is specifically about whether a lawyer owes the heirs of a probate estate a fiduciary duty, and not whether a lawyer owes a fiduciary duty in other contexts, such as to the beneficiaries of a trust when hired by a trustee, or a ward when hired by a guardian or conservator. The answer varies depending on each different circumstance.

Does a probate attorney have a fiduciary duty?

Turning back to the question, whether the probate attorney owes a fiduciary duty the heirs of the estate depends on the state in which the estate is being probated. Only a few states require the lawyer to meet the same fiduciary duty to the estate heirs as the Personal Representative . These states believe that since the Personal Representative owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Personal Representative, the duty flows from the Personal Representative to the lawyer.

Does a probate lawyer owe fiduciary duty to the estate?

Most states, (including Maryland and the District of Columbia) however, take the position that the probate lawyer does not owe a fiduciary duty to the estate heirs. These states view the fiduciary duty owed by the Personal Representative to the heirs as unique from the fiduciary duty owed by the lawyer to the Personal Representative. Also, these states want to maintain the Personal Representative’s ability to have protected communication with the attorney.

What is an estate attorney?

An estate attorney will develop a legal will, create trusts on your behalf, and ensure the proper execution of your estate after you pass away. Family attorneys and estate attorneys, also called probate and wills attorneys, can each prepare wills. The type of lawyer best suited to prepare your will depends on your situation.

How to find a lawyer to make a will?

To find the best attorney to create your will, start your search on Thumbtack. With Thumbtack, you can quickly locate lawyers near you. As you’re browsing through potential attorneys you might hire, read their profiles to find out which ones specialize in will creation and estate planning. Then, contact a few of them to request cost estimates.

What type of attorney is best suited to prepare a will?

Family attorneys and estate attorneys, also called probate and wills attorneys, can each prepare wills. The type of lawyer best suited to prepare your will depends on your situation. Most family attorneys provide services to prepare basic wills, including bequeathing property and personal items to family or naming a guardian for minor children. However, estate attorneys specialize in preparing wills in more complex situations. Consider hiring an estate attorney if you:

How much does it cost to write a living will?

The cost typically ranges from $250 to $500, depending on your attorney’s fees; some charge by the hour, while others have a flat rate for writing a living will. Some states require living wills to be notarized, which adds an average of $5 to $15.

What is the best way to prepare a will?

Estate planning is an important part of financial planning, so it’s important to find the right attorney to prepare your will. Although most family attorneys can put together a basic will, you may want one who specializes in wills and estate planning, especially if you have a lot of assets or a dependent to take care of.

How much does it cost to make a will?

On average, attorneys charge $940-$1,500 to create a will. However, different factors (complexity, assets, hourly rates, etc.) can impact the cost. Get a more accurate estimate by contacting attorneys near you.

What can a real estate lawyer do?

A real estate lawyer can help with negotiation, addressing mortgage fraud, managing foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes, zoning issues, creating a co-ownership contract for joint purchase of a property, and much more.

Who is the personal representative of an estate?

After considering the above-discussed cases, state bar opinions, and other state cases, it is the opinion of the Disciplinary Commission that ordinarily, when a lawyer is hired by a Personal Representative to assist in the administration of an estate, the lawyer ’s sole client is the Personal Representative of the estate. As a result, the lawyer would owe the Personal Representative a duty of loyalty and confidentiality just as he would any other client pursuant to Rule 1.6, Ala. R. Prof. C. The fact that the Personal Representative has obligations to the beneficiaries of the estate does not in itself either expand or limit the lawyer’ s obligations to the Personal Representative under the Rules, nor would it impose on the lawyer obligations toward the beneficiaries that the lawyer would not have toward other third parties.

What does an estate lawyer represent?

The American Bar Association in Formal Opinion 94-380 recognized that the majority view is that the lawyer represents only the Personal Representative or fiduciary of the estate and not the beneficiaries of the estate, either jointly or individually. In reaching a similar conclusion, a number of other state bar associations have relied, in part, on state law that indicated that an estate is not a separate legal entity. In Ethics Opinion No. 91-2, the Alaska State Bar noted that an estate is “for probate purposes a collection of assets rather than an organization, and is not an entity involved in the probate proceedings.” In Formal Opinion 1989-4, the Delaware State Bar also concluded that under state law, the term “estate” only referred to the actual property of the decedent and did not have an independent legal existence. As such, the Delaware State Bar concluded that the estate could not be a “client” under their rules of professional conduct.

What is the ethical dilemma of representing an estate?

The Office of General Counsel frequently receives telephone calls from lawyers requesting ethics opinions concerning the representation of an estate. In explaining the ethical dilemma the lawyer is facing, the lawyer often refers to himself as “representing the estate”. The lawyer then goes on to describe a situation in which the interests of the estate or the fiduciary for the estate or a beneficiary may be in conflict. Oftentimes, whether a conflict of interest exists is entirely dependent on who the lawyer actually represents in regard to the estate. Additionally, the Bar sometimes receives complaints filed against the lawyer by the beneficiaries of the estate or the fiduciary of the estate. In those cases, identifying the true client will often determine whether the lawyer has breached any ethical duties. As a result, defining the lawyer’s actual client in an estate or probate matter is critical in determining whether a conflict of interest may exist and what duties a lawyer owes to the fiduciary and beneficiaries of the estate.

When dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not?

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.

What is the meaning of the term "estate" in Delaware?

In Formal Opinion 1989-4, the Delaware State Bar also concluded that under state law, the term “estate” only referred to the actual property of the decedent and did not have an independent legal existence.

Is a lawyer's only client a fiduciary?

217 Cal. App. P.3d 1258, 1268 (1990). Likewise, other state courts have also determined that a lawyer’s only client is the fiduciary of the estate. See, Huie v. DeShazo, 922 S.W. 2d 920 (Tex. 1996); The Estate of Fogelman v. Fegen, 3 P.3d 1172 (Ariz. 2000); In re Estate of Wagner, 386 N.W.2d 448, 450 (Neb. 1986).

Can an executrix be disclosed to the beneficiaries?

Therefore, the lawyer could not disclose the executrix’s apparent fraud to the beneficiaries or the court. While not directly addressing the issue of client identity, it is clear that the Disciplinary Commission considered the executrix to be the lawyer’s sole client.

Raymond Andrew Grimes

Some lawyers are more cautious than others when it comes to lawsuit limitation cases.

Michael T Warshaw

You should request a copy of your file and seek the opinion of another attorney as soon as possible. The Verbal Threshold is always a challenge, but many cases are still settled and litigated due to the existence of permanent injuries.

Mark R Faro

Each attorney has his/her own reasons to take or refuse a case. They are not taking your case perhaps because they have estimated that the odds of you winning don't justify either the amount they will make or the investment in time and money to pursue it, for them. Or for reasons not to do with your case itself.

William J Popovich

A physician would need to determine if your physical complaints as well as the premature birth of your child was causally related to the auto accident. As to the reason why your attorney dropped your case, more information would be needed.

Anthony Francis Belotta

Contact a different attorney to discuss the facts and circumstances of your case.

Michael David Lindner Jr

It's possible you would have a case. Verbal threshold in New Jersey is tough but not insurmountable. You can use AVVO's find a lawyer tool for help.

Theodore Charles Levy

Have you consulted with qualified personal injury attorneys? If not, search Avvo and/or justice.org, ask those you trust and respect for recommendations. If you have, then you may not have a viable case. Has your doctor commented on whether the premature birth was related to the crash? I do hope you and your baby are well.

How do you find a good real estate lawyer?

If buying or selling property feels overwhelming and the thought of finding a good real estate lawyer seems daunting, you’re in luck. There are some simple steps to follow for finding a trustworthy, affordable real estate lawyer to help with your property and legal needs.

How do you find a good immigration lawyer?

Research is key to finding a good immigration lawyer. The immigration process can be overwhelming and complex, so a trustworthy advocate is critical. When you have identified several eligible candidates, verify their immigration law license to protect yourself and your finances. Once you have a set of licensed immigration lawyers in mind, choose one based on these considerations:

What does an immigration attorney do?

Immigration lawyers help their clients through all phases of the immigration process. Experts on immigration law, they are legally qualified to represent U.S. citizens, permanent residents or undocumented immigrants. Immigration lawyers also provide assistance to visitors here on student, work or travel visas, and can represent clients who may have an expired visa or who have overstayed their visa.

What is a personal injury lawyer?

A personal injury lawyer fights on your behalf if you’ve been injured physically, psychologically, economically or in reputation. This injury may be the result of neglect or malicious intent of another person, or it could be at the hands of a business, government or other entity. Personal injury lawyers specialize in tort law, which is the law of civil wrongs like car accidents, company wrongdoing, unlawful imprisonment and more.

How much does a bankruptcy attorney cost?

Hourly rates for bankruptcy attorneys range from $200-$300. In total, customers spend an average of $999-$1,183 for their services. But because lawyers have different fee structures, you should always ask for an estimate from several bankruptcy attorneys in your area before hiring one.

What does a real estate lawyer do?

In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal. You can hire a real estate lawyer as an individual or as a business. A real estate lawyer can help with negotiation, addressing mortgage fraud, man aging foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes, zoning issues, creating a co-ownership contract for joint purchase of a property, and much more. Real estate lawyers can also protect you from issues that result when a known problem was not properly disclosed by the previous owner. Overall, real estate lawyers are an added cost when it comes to buying and selling property, but they also ensure your best interests are met, and that you and the people you are doing business with comply with the law.

What kind of lawyer does wills?

A clearly planned will can make the time of mourning easier for everyone. An estate attorney will develop a legal will, create trusts on your behalf, and ensure the proper execution of your estate after you pass away.