which attorney can represent in probate

The truth is that any lawyer that is licensed to practice law in the state where your loved one lived can represent you in the probate

process. If your cousin is criminal defense attorney, then technically if they have a license to practice law, they can fit the bill.

Full Answer

What are the main duties of a probate attorney?

In a probate case the personal representative (see Probate Terms & Definitions) hires an attorney / lawyer. This lawyer is the personal representative's lawyer. The duties of this lawyer to the other beneficiaries of the estate is limited. The attorney hired by the personal representative may incur personal liability if he or she deliberately helps the personal representative to defraud the other …

How much does an attorney charge for a probate?

Mar 06, 2012 · Since the attorney hired by the executor does not represent your interests, you may need to retain a Fort Bend County probate lawyer to represent your own interests. If you are an interested party in a probate proceeding and need legal representation, seek the help of dedicated Fort Bend County probate lawyer Paul Romano who has years of experience successfully …

What are some questions to ask a probate attorney?

Jul 15, 2020 · So, call Andre O. McDonald, a knowledgeable Howard County, Montgomery County and District of Columbia estate planning, special-needs planning, veterans pension planning and Medicaid planning attorney at (443) 741-1088 or (301) …

How do you choose 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. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and …

What is probate after death?

Probate is the legal procedure by which a deceased individual’s property passes to others after his or her death. Probate is usually necessary whether the person died with a will or without a will (which is known as “intestate”). Upon death, the decedent’s interests are no longer those of a living person.

Who does not represent the beneficiaries of an estate?

In other words the attorney who represents the executor does not also represent the interests of the beneficiaries of the estate. Once a probate proceeding is opened, any “interested” party may file a probate action with the court to contest certain aspects of the proceedings.

When does probate occur?

When Does a Probate Proceeding Occur? If the decedent left a will and named someone as executor, that person typically retains an attorney to initiate a probate proceeding on his or her behalf. In such a case, the executor is the attorney’s client.

What is an interested party in a will?

An interested party is someone who has some financial interest in the settlement of the decedent’s estate. Beneficiaries named in the will, heirs who would inherit under Texas intestate succession laws, and creditors are among those considered interested parties.

What happens to an estate when a person dies?

Upon death, the decedent’s interests are no longer those of a living person. In a probate proceeding, assets, liabilities, and any other financial matters become the interest of the “estate” of the deceased. The estate, however, must be represented by a living entity.

How to contact the Houston law office?

Call us at 281 242-0995 or contact our Houston law offices.

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.

Who does a probate attorney represent?

Who does a probate attorney represent? Probate attorneys generally either represent an heir to an estate (a beneficiary) or the personal representative or the estate itself. Though it rarely happens, they can occasionally play more than one role.

What is 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. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and settling the estate, and more.

How long does probate take?

This one can widely vary. It’s not often that a probate case takes years, but it’s been known to happen. The longer things drag on, the more expensive they can become - knowing ahead of time how long your attorney estimates the process to be can be helpful (particularly if they will be charging you hourly). Keep in mind, there can be unanticipated delays that arise.

How stressful is probate?

Probate can be long, arduous and stressful...not to mention expensive and time consuming. Navigating it on your own can feel like just too much after losing your loved one.

When does probate begin?

If needed, probate begins soon after you lose a loved one. Probate is a legal proceeding validating a Will (in cases where the decedent has one) to settle an estate. If the decedent passes away without a Will (or other Estate Plan in place), it’s said he or she died intestate, and the estate would go through probate in this instance, too.

Can a decedent have probate?

If the decedent had just a Will, there’s no way around it: you’re going to have to deal with probate. So the next logical step is to evaluate how complicated the estate is, and thereby how difficult probate will be. Obviously, the more complicated an estate is, the more alluring an attorney may seem. If the decedent had a well-set up Trust in place, on the other hand, a probate attorney may not be necessary at all.

Do probate attorneys charge for estate planning?

Probate attorneys are qualified to help with the actual Estate Planning process too, although they tend to charge a high fee for the basics like setting up guardianship, creating a Will or writing a Trust. Online companies like Trust & Will make personalized Estate Planning easy, convenient and affordable, all without the involvement (and cost!) of an outside attorney.

What is a probate lawyer?

There is a very small window for you to present your claim and get it paid. A probate litigation attorney with experience in representing creditors in probate proceedings can make sure your claim is handled properly.

What is probate litigation in Boca Raton?

The probate process is a quasi-judicial proceeding that takes place under the auspices of a judge. For your dispute to be fairly considered, you will need to formally file your dispute with the probate court. This requires knowledge of the rules of procedure, evidentiary requirements, and other legal matters. Even a minor mistake can jeopardize your claim. A Boca Raton probate litigation attorney can make sure that your claim is given the consideration it deserves.

What to do if there is a dispute concerning the estate that cannot be resolved?

If there is a dispute concerning the estate that cannot be resolved, the personal representative should consider hiring a Boca Raton probate litigation attorney to represent the estate. The personal representative is expected to be somewhat neutral and act in the best interests of all beneficiaries and other interested parties. As a result, they are arguably required to hire legal counsel to defend against any adversarial claims brought by the heirs or other parties.

Can you litigate an estate in Boca Raton?

When it comes to estate administration, no one wants to litigate. Unfortunately, it is sometimes unavoidable and may be your only option for resolving disputes. A Boca Raton probate litigation attorney can make sure your interests are protected. To discuss your case with one of our attorneys, call the Ellis Law Group at 561-910-7500 to schedule an appointment today.

What does a probate lawyer do?

Probate Lawyers Help With Tax and Trust. Sometimes it might be more apt to say that a probate lawyer is part-attorney and part-accountant. Often much of what a probate lawyer does is help with trust administration as well as making sure death and income taxes are filed smoothly.

What happens when you pay someone to represent you?

When you pay someone to represent you, then you can expect to get a certain type of service. Maybe your friend or family lawyer has to get back to their actual job and can’t make a court date. You better believe that doesn’t happen with a probate lawyer.

Can a probate lawyer make you personally liable?

Probate Lawyers Prevents Personal Liability. As an executor, it falls to you to make certain decisions. However, if you make errors or act before you have the court’s permission to do so, then it can make you personally liable. By having a probate lawyer, they know exactly what you can and cannot do at any given moment.

Can a lawyer help with probate?

Certainly any type of lawyer can help you out, but hiring a lawyer that specifically practices probate and estate law has myriad benefits for not only your loved one’s estate, but your own personal stress level. If you are looking for a probate lawyer to help handle an estate, contact us today.

Can a cousin represent you in probate?

If your cousin is criminal defense attorney, then technically if they have a license to practice law , they can fit the bill.

Do estate lawyers know probate?

It is the same for lawyers that don’t practice estate law specifically. They likely know a bit about the probate process, or at least how the court process will work, but they don’t know all the specifics that a practiced probate lawyer would know.

What is probate attorney?

A probate lawyer may also be known as an estate attorney. The two terms technically mean the same thing. Sometimes people associate an estate attorney with a probate process that is larger and has more assets.

Who is responsible for probate?

There are numerous steps to the process which the personal representative is responsible to complete. They can also be held liable for mistakes that may occur during the process. A probate lawyer can help them navigate this complicated situation.

What does a lawyer do after a will is paid?

Once the debts and taxes have been paid, the lawyer can help transfer assets from the decedent to the beneficiaries according to the directives in the will or according to state laws. They may be responsible for distributing the assets and closing probate for the estate once everything is finished.

What can a probate lawyer do to help pay debts?

Once the inventory is complete and creditors have been notified, the probate lawyer can help pay the debts of the estate. They may also assist with selling off assets to pay those debts if there aren’t enough liquid assets.

What happens if a contract is needed during probate?

If a contract is necessary during probate, a probate attorney may need to draft the document. For instance, a group of three siblings each inherits their parents’ home. Two of the siblings want to sell, but the third sibling wants to live in the home. The other two would need to sell their portions to the third sibling. A contract would be necessary to sell the property to the third sibling.

What happens when a business is owned by a deceased person?

When an estate includes a business owned by the deceased, a lawyer is often needed to close the business, sell it or transfer ownership legally. If the business was a partnership, the decedent’s portion must be sold or transferred to the partner.

Can a lawyer work with an estate?

However, the lawyer can work with estates of any size as they go through probate. The lawyer can even guide the personal representative or beneficiaries to know when probate isn’t required.

Who represents the fiduciary in a probate?

The plain language of this court rule is clear that an attorney appearing in the probate court on behalf a fiduciary represents the fiduciary, rather than the estate.

Does a fiduciary represent the entire estate?

On January 19, 2017, the Court of Appeals held in the case titled Estate of Tyler Jacob Maki that the attorney hired by a fiduciary represents only the fiduciary and not the entire estate. Specifically, the Court held that when an attorney enters into an attorney-client relationship with a fiduciary, it does not have an attorney-client relationship ...

Does a conservator represent an attorney?

The Court went on to rule, “Therefore, we conclude that the plain language of the statute establishes that an attorney hired by a conservator represents the conservator, and the attorney does not have an attorney-client relationship with the estate.”

Ruth Elaine McMahon

I agree with my collegue. The answer turns on what kind of papers were filed on behalf of some heirs. The attorney for the estate represents the executor or personal repersentative and not individual heirs, but there can be some instances where filing a document on behalf of an heir does not impact the other heirs adversly.

Judith Anne Schening

The attorney has a duty to represent the estate in a manner consistent with the best interests of the estate beneficiaries. If filing a paper on behalf of one of the heirs helps that heir but does not hurt any of the other heirs, then the attorney has not breached any duty.

How to have a successful working relationship with a lawyer?

Having a successful working relationship with a lawyer, however, takes more than legal knowledge. So pay attention to how clearly the lawyer explains the process, how well the lawyer listens to your concerns, and how respectful the lawyer is. Make sure you're signing up with someone who: Communicates clearly.

Do you have to use an attorney to draw up a will?

You want to find someone you're comfortable with. You do not have to use the attorney who drew up the deceased person's will; the fact that the deceased person employed a particular lawyer doesn't obligate you to hire the same person to represent the estate.

Can a lawyer talk in plain English?

Some lawyers just can't seem to talk in plain English. If you can't understand what the lawyer is talking about and don't get good explanations when you ask for clarification, look elsewhere. Respects your efforts to educate yourself.

Do probates consist of paperwork?

Most proba tes consist almost entirely of routine paperwork. And if you are interviewing lawyers who were personally recommended to you by friends or other local professionals, they're probably competent. Having a successful working relationship with a lawyer, however, takes more than legal knowledge.