who does the attorney represent in an estate alabama

Generally, the lawyer represents the individual who hired him to assist in the administration or probate of the estate. ·If that person has only one role and is not a fiduciary, the lawyer represents only that person, unless the client and lawyer agree otherwise.

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Do you need a lawyer to probate an estate in Alabama?

Generally, the lawyer represents the individual that hired him to assist in the administration or probate of the estate. If that person has only one role and is not a fiduciary, the lawyer represents only that person, unless the client and lawyer agree otherwise.

Who does the lawyer represent in a probate case?

lawyer represents the estate by acting for and through the fi­ duciary of the estate for the ultimate benefit of the benefici­ aries of the estate. Because the lawyer is retained by the personal representative to represent the estate and because the personal representative is …

What is the role of an Alabama personal representative (executor)?

ESTATE ADMINISTRATION * 1. INITIAL CLIENT/FAMILY CONSULTATION. During the attorney's initial consultation with the client and/or family of the decedent, the attorney must endeavor to obtain as much information as possible concerning the affairs of the decedent and should advise the client to bring all appropriate records to the meeting.

Is the personal representative the client of the estate?

We can handle probate matters in all of Alabama’s probate courts. But we only handle uncontested probate matters and we only represent personal representatives. We do not represent or correspond with heirs or beneficiaries of Alabama estates that are not personal representatives of the estates.

Who can be an administrator of an estate in Alabama?

If the decedent died without a will (intestate), the court appoints someone to serve as PR (administrator) of the estate. The PR cannot be under age 19, a convict of an “infamous” crime (whatever that means), or be mentally or otherwise unfit to serve.

How long does an executor have to settle an estate in Alabama?

six monthsAlabama personal representatives must make annual settlements of their administration. A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration. If the estate is closed in less than one year, the final settlement is the only settlement.

How do you settle an estate in Alabama?

How to Open an Estate for Probate in AlabamaDetermine the Type of Alabama Probate Proceeding to Open. ... Determine the Appropriate Alabama Probate Court (Jurisdiction) ... File a Petition with the Alabama Probate Court. ... Provide Notice to Spouse/Next of Kin. ... Obtain and Submit a Personal Representative's Bond.More items...

What does an estate lawyer do?

An estate lawyer is a bar certified attorney who specializes in estate planning and assists clients in drafting and implementing legal documents, including wills and trusts. Estate law is closely related to family law, since lawyers often must work with related individuals who are involved with an estate.

How much does an estate have to be worth to go to probate in Alabama?

$25,000In Alabama, if an estate doesn't have any real property and the value doesn't exceed $25,000, after waiting 30 days, you can use what's known as a summary probate procedure.

How much does an executor of an estate get paid in Alabama?

2.5%In Alabama, the estate executor is known as a "personal representative". Executors for Alabama estates are entitled to reasonable compensation of up to 2.5% of assets received, and 2.5% of disbursements.

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.Apr 13, 2022

How long do you have to close an estate in Alabama?

The time it takes to administer an estate in Alabama will vary depending on the complexity of the estate and the diligence of the personal representative. But since the estate must remain open for six months to allow creditors to submit claims, it is not possible to close the estate in less than six months.

Do you have to have an attorney to probate a will in Alabama?

Yes, the Will must be probated to have legal effect. Before deciding not to probate a Will one should consult an attorney.

How much does it cost to hire a probate attorney?

Lawyers usually use one of three methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets. Your lawyer may let you pick how you pay—for example, $250/hour or a $1,500 flat fee for handling a routine probate case.

What kind of lawyer handles inheritance?

A probate lawyer guides the executor of will or beneficiaries of an estate through the probate process: From identifying estate assets and beneficiaries to distributing assets and inheritances.

How can a lawyer help in estate planning?

Estate planning attorneys often charge a flat fee to help you craft binding legal documents such as wills and durable power of attorney, but they can also be employed on an hourly basis to help you maintain your estate, act on your behalf to handle disputes when called upon, and ensure that your will is carried out ...

Why is a lawyer hired to represent a fiduciary?

the situations posited, the lawyer is hired to represent the fiduciary, and because the fiduciary is legally required to serve the beneficiary, the lawyer must be deemed employed to further that service as well.

What is the ethical dilemma of representing 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 ofthe 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 whom 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.

What is the first duty of a lawyer when a personal representative misappropriates estate funds?

When a lawyer has actual knowledge that the personal representative has misappropriated estate funds, the lawyer's first duty is to remonstrate with the personal representative in an effort to convince the personal representative to either replace the misappropriated funds or to inform the court of the personal representative's misappropriation. If the personal representative refuses to do so, the lawyer should withdraw from the matter and, upon withdrawal, ask the court to order an accounting of the estate.

Can a lawyer represent the beneficiaries of an estate?

If the lawyer were to do so, it could be found that he has undertaken to represent both the personal representative and the beneficiaries of the estate which could result in conflicting loyalties and conflicts of interests. As a result, a lawyer must comply with certain duties upon undertaking representation of a personal representative or risk violating certain rules of professional conduct. First and foremost, upon being hired by a personal representative to assist in the administration of an estate or trust, the lawyer should explain to the beneficiaries or other interested parties that the lawyer's sole client in the matter is the personal representative, individually. A lawyer who fails to do so could be in violation of Rule 4.3, Ala. R. Prof. C.. which

How long does an estate have to be closed?

An estate will be presumed to be closed by statute when records show that Letters have been issued for more than 20 years and 6 months and no further action has been taken or 20 years have lapsed from the date of any action in the estate, and if all bequests and legacies provided for in the will being administered have been payable or demandable for more than 20 years and the personal representative has not made any payment of any claim or bequest, devise or distributive share, or promised to pay such items for 20 years or more. § 43-2-660. This presumption also means that all debts of the estate, all legacies and bequests, and all distributive shares in the estate are presumed to have been paid to the proper persons. Id.

How much is homestead allowance?

? Homestead. The surviving spouse of a decedent domiciled in this state is entitled to a homestead allowance of $6,000.00. § 43-8-110. If there is no surviving spouse, each minor or dependent child of the decedent is entitled to an allowance amounting to $6,000.00 divided by the number of minor or dependent children. This allowance is exempt from claims against the estate, and is in addition to any share of the decedent's estate passing to the surviving spouse or minor children by the will of the decedent (unless otherwise provided in the will), by intestate succession, or by way of elective share. Id.

What should an attorney do with a personal representative?

The attorney should counsel the personal representative in the proper manner of keeping accounts . Accounts and records of each asset and liability should be kept in a manner which will expedite the process of filing a final settlement of the estate. This is an area where extra effort by the attorney may be helpful with unsophisticated personal representatives.

How can probate be avoided?

Probate may be avoided by certain transfers of assets defined by statute or by the terms of the instrument creating the asset.

What assets are not included in probate?

Insurance, annuities, certain employee benefits and death benefits, and assets held in trust, pass to a designated beneficiary by the terms of the governing instrument. Unless the decedent's estate is designated as the beneficiary, or unless the assets revert back to the estate of the decedent because of the failure of the designated beneficiary, such assets are not included in the probate estate of the decedent. Life insurance proceeds, payable to a designated beneficiary other than the decedent's estate, should pass free from the claims of the decedent's creditors. §§ 6-10-8, 27-14-29.

Who pays wages to a spouse who dies intestate?

When an employee dies intestate and the decedent is owed wages or salary, the employer may pay such wages to the surviving spouse of the decedent or, if there is no surviving spouse, to the guardian of the decedent's minor children. § 43-8-115. Such sums are to be considered as a part of the exempt property, as defined in section 43-8-111, and if the sum exceeds $3,500, the excess shall be considered part of the family allowance under section 43-8-112.

What is the PR of a will?

If the decedent died without a will (intestate), the court appoints someone to serve as PR (administrator) of the estate. The PR cannot be under age 19, a convict of an “infamous” crime (whatever that means), or be mentally or otherwise unfit to serve. Preference is given to the following individuals: 1 Spouse; 2 “Next of kin” (an archaic term used to refer to the heirs of the estate); 3 Largest in-state creditor of the estate; 4 Any other person, except that in counties of over 400,000 persons, the county or general administrator is next in line behind the largest in-state creditor of the state.

What is the name of the person who is appointed to probate an estate in Alabama?

This person or organization is called a personal representative (PR). A PR is also known as an executor (if there is a will) or administrator (if there is no will).

How long does it take for a probate court to appoint a county administrator?

If the spouse, heirs, or largest in-state creditor fails to petition the probate court for letters of administration within 40 days, their right to priority is waived. The probate court will then appoint either the county administrator or any other qualified person who requests letters of administration.

What age can a person be appointed as a PR?

If the decedent died without a will (intestate), the court appoints someone to serve as PR (administrator) of the estate. The PR cannot be under age 19, a convict of an “infamous” crime (whatever that means), or be mentally or otherwise unfit to serve. Preference is given to the following individuals:

How long does it take to close an estate?

This makes it impossible to close an estate in less than 6 months. And given that it takes a little time to get the estate open and file the documents to close the estate, an 8 to 10 month timeframe is a reasonable ballpark for simple estates.

Can a person who leaves a will be a PR in Alabama?

If the decedent left a will naming a PR, that person need not be a resident of Alabama. But if there is no will, the PR must be an Alabama resident unless he or she has already been appointed to serve as PR in another state.

Can you serve as PR in Alabama?

No. It’s up to you whether to serve as PR. If you are unwilling or unable to do so, no one can force you. This is so even if the decedent left an Alabama Last Will and Testament naming you to serve as executor. You can always decline and allow someone else to assume the role.