A probate attorney handles matters related to a deceased person’s estate, including filing necessary documents, counseling, and drafting wills and trusts. To choose the best probate attorney, determine the type of services needed, research attorneys, and ask questions about experience, fees, and services. Visit multiple attorneys to find a compatible one and contact the best choice to handle the case.
A probate attorney deals with matters relating to the estate of a deceased person. This includes the official filing of the documents necessary to probate the will in a court of law, but also includes many other duties. To determine how to choose the best probate attorney, you typically need to understand the responsibilities of a probate attorney before and after the client’s death. This can help you determine what type of probate services you need and do some research on probate attorneys in your area.
Typically, a probate attorney has many jobs, including counseling and drafting wills and trusts, living wills, and assisting with estate planning. They can help remove some of the burden on loved ones by handling the business aspects of an accident or illness. In addition, probate attorneys help the heirs of an inheritance by probating the will. This includes assisting in obtaining the value of the deceased’s assets, collecting insurance proceeds, settling outstanding accounts and debts, determining any taxes owed, settling disputes between executors and heirs, selling any property, the transfer of property in the name of the heirs and matters relating to probate court or other legal proceedings.
Before contacting a probate attorney, determine what type of probate services you need to perform. Questions to ask include: Do I need estate planning services for documents or accounts such as trusts and wills, or do I need probate services because someone has died. If you need assistance with estate planning, consider what assistance you’ll want. A probate attorney can also assist in obtaining legal protection of person and estate in cases where loved ones are no longer competent to care for themselves or make financial decisions.
If you are contacting a probate attorney about someone having died, it is important to know some information. Be prepared to tell the probate attorney where the person lived, did he die, whether there are any living children or other family, whether a will exists, whether his whereabouts are known, whether he is likely to be disputed, what type of assets make up the legacy and any other pertinent information.
The first place many people start looking for a lawyer is in the telephone directory; this can be a good resource, but often doesn’t offer much information. Before making the first of many calls, check to see if any of the attorneys you’re interested in have websites. If so, read the website carefully, including FAQs or articles that provide a little more information about the attorney’s experience, philosophy, documentation, or knowledge of the law. There are also websites that provide lists of practicing attorneys by jurisdiction, with links to contact information and company websites. Some of these sites have attorney reviews posted by current and former clients.
Set up dates with at least three top picks. On the day of your appointment, be sure to arrive a few minutes early and with all the necessary information to pass on to the attorney. Don’t forget to bring a list of questions to ask as well.
Consider asking how much experience your probate attorney has in the particular area you need assistance with, whether the attorney has any references, and whether any complaints have been filed against him or her. Other important considerations include fees and payment methods, services not included in the agreed fees, and surprise charges that may arise during the case. As for the probate issue itself, it is helpful to discuss in advance what issues the probate attorney might expect, how he or she expects to deal with the issues, how long the process should take, how available the attorney will be, and what the lawyer expects you as a client.
Visit with more than one attorney to get an idea of the going rate in your area for these services and to make sure you find an attorney you’re compatible with. After going through the top candidates, consider the information they’ve provided you, their personalities, their rates, and any references you’ve checked. Contact your best choice and ask if they are still available to handle your case.
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