If you’re assuming the duties of executor you may require the services of an attorney for either to address some questions or take care of the administration of probate. It’s a crucial decision therefore it’s wise to interview a variety of applicants before settling on one. You’ll be relying on this lawyer regarding legal and financial matters obviously but also on personal issues. You’ll need to find a lawyer whom you trust.
It is not necessary to choose the lawyer who prepared the will of the deceased; even if the decedent employed a particular lawyer does not make it obligatory to engage the same person to manage the estate. If that lawyer has the original will that was signed and has not turned it over to you, they must transfer it to you as executor.
Interviewing Candidates
It’s not that difficult to find names of local attorney or two lawyers who handle estates and probates. Probates can be profitable for lawyers, which is why they’re more than happy to do the job.
It is possible to find potential clients via the Nolo Lawyer Directory. Look through these profiles which provide details about the lawyer’s background and approach, to help you understand the kind of person they’d like to collaborate with and who could be a good match. If you have names of lawyers from a phone book or from a list you can try talking to people who are familiar with or been in contact with the lawyer, so you know some information about the lawyer prior to going further.
Read Also About What Is a Probate Lawyer? What Does a Probate Lawyer Do?
Conducting an interview with the Probate Lawyer
If you’re the first to meet with a lawyer that you’re considering hiring, be sure to inform them upfront that you intend to meet with many lawyers prior to deciding on one to handle the estate planning. You should then try asking a few questions prior to delve deep into the particulars of the probate court case. A lawyer who’s been involved in a variety of probate proceedings might think that you’re on the same page and then begin to ask you for information and documents.
Here are some questions you might like to ask:
- What probate matters have your handled?
- Do you charge per hour, or a flat price, or another method?
- Do legal assistants at your office help with part of the work at a lower rate per hour?
- If I’d like to take on certain probate-related work by myself, in order to keep costs lower, are you willing to collaborate with me?
- Are you preparing your final tax returns on behalf of the person who died and their estate?
- How long is it going to take for the process complete probate?
- How much do you believe it will cost?
If you’re dealing with a massive estate, worth millions of dollars, you may have to consider the state and federal estate taxes. If federal or state estate tax returns have to be filed, you’ll need to ensure that you’re hiring a person with knowledge. Be sure to ask questions specific to the tax, such as:
- If federal or state taxes on estates are required do you plan to make them?
- What number of estate tax returns had you completed?
Locating an Attorney who’s best suited to your needs
Finding an attorney in your area with experience and expertise in dealing with a probate court case isn’t the most difficult part of locating the best attorney. The majority of probate cases aren’t difficult as they require focus on detail however, you don’t require a courtroom superstar. The majority of probates are comprised of paperwork that is routine. If you’re interviewing lawyers who were suggested to you by your friends or other professionals in the area you can be sure they’re skilled.
Being able to build a strong working relation with your lawyer but it requires more than just knowledge of law. Be attentive to the way the lawyer will explain the process as well as how the lawyer is attentive to your needs and how courteous their professionalism is. Be sure to sign up with a lawyer who:
- communicates easily. Some lawyers just don’t speak in straightforward English. If you don’t know how the lawyers are saying and don’t get clear explanations when you request clarification, you should look for another lawyer.
- Appreciates your efforts to become educated. If you’re doing the best you can to understand your obligations as executor–and perhaps even do some tasks yourself to lower costs, you’ll need an attorney who can work with you in a respectful manner.
Then, you should wait until you’ve spoken to three or two candidates before deciding on one. Let the lawyer know to call you back to confirm your choice.
Frequently Asked Questions:
Q. What is a probate attorney?
A probate attorney generally manages the process of estate administration when a person dies. The estate planner in contrast assists living clients to decide the best way for their estates to be managed. An attorney may do this by helping clients create trusts, wills and other documents that are relevant.
Q. Why do you need a probate attorney?
A probate lawyer can help alleviate confusion and confusion about these legal aspects. A probate lawyer is able to assist executors file court papers and debt settlement, as well as appraising estates and dispersing inheritance. Executory is not without risk. There are pitfalls which leave the executor vulnerable to legal liability personal to.
Q. How long does probate usually take?
Typically, after death the process can take anywhere from 6 months and 1 year 9 months is the standard timeframe for probate to be completed.
Q. Can I do my own probate?
Complete a paper probate form. If there’s a will, you’ll need fill out the form PA1P. If there isn’t a will, you must fill out the form PA1A. It is possible to complete this yourself , or call Probate and Inheritance Tax Helpline to assist you in with filling in this form.
