Tuesday, July 16, 2024

Questions To Ask The Probate Lawyer Before Hiring One

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There is a high risk of the decedent’s property be pillaged, heisted, squandered or frozen. When ti comes to executing the deceased’s estate plan or settle the property in accordance with the intestacy laws, the role of a probate lawyer can prove to be of immense help. However, choosing the right probate lawyer near me can be a daunting task. Here are the questions to ask the probate lawyer before choosing one.

Which area have they chosen for their practice?

Irrespective of your relationship with the decedent including heir, executor or beneficiary, it is very important to find a probate lawyer who has a real experience in the field. Their expertise will help in moving the settlement of the deceased’s property in the right way with the fewest hassles. If the attorney is specialized in probate handling and estate planning, they can be the right choice for you.

What are the important tasks of a probate attorney?

In the second place, check if the probate lawyer you will choose is aware of all the crucial tasks connected to his role. Their list must include estate management and distribution, will execution without conflicts and tax planning. If any of these aspects are left out, you must ensure if they will do it in this case or not.

Do they have a prior experience of executing a will before?

In some cases, an estate planning lawyer might not have any experience in executing a will. The answer to this question must be positive to ascertain their suitability to be of good help in the case in hand.

My beloved one passed away without making a will. Do I still need a probate case?

Check how the probate lawyer responds to this question. The right answer to this will be the following. Probate is a necessary process irrespective of whether there is a will or not. However, the probate lawyer will have different roles in different scenarios including the following. If there is a will made by the deceased, the executor must adhere to it. If there is no will, the intestacy laws of the state will apply. In both these cases, the legal counsel provided by an efficient probate lawyer will help you streamline the entire process.

How much do they charge for their services?

Most probate lawyers do not list their fees on their websites. Therefore, it is necessary to make this aspect clear before hiring one. There can be different approaches to fees like hourly rates or standard fees per case. Before hiring, get the answers so that you do not land unexpected expenses on the way or meet nasty surprise once the probate process is over.

How long will the probate take?

Usually the answer to this question will depend on the size of your estate. While the time can be short like a few months for smaller estates, longer estates can take almost a year to probate. Their response to this question can help ascertain their expertise in the field.  

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