By Jyoti Jha
Losing a loved one is difficult. Apart from dealing with all responsibilities and grief, legal complexities are always an additional burden. You may want to catch up on some estate planning before you try handling what to do with your loved one’s property. This is where a probate attorney comes into the scene. They can help you with estate planning and all legal complexities arising out of wills and succession. But before or after you hire them, you should know what questions to ask a probate lawyer.
What Is Probate?
Probate is the legal process that happens after someone passes away. It involves proving the validity of their will, if they had one and distributing their property to the rightful beneficiaries.
What Are The Parts Of Probate?
Before we talk about the questions to ask a probate lawyer, let us discuss what probate is. The first step of probate is the existence of a Will.
A valid will is the first document necessary for a probate. A will is a legal document stating the express wishes of a person. It states how a person’s property should be distributed after they die. For example, if someone writes in their will that their car goes to their niece, the court will take the necessary steps to make that happen.
An Executor For The Probate
This is the person named in the will to handle the probate process. They make sure the deceased person’s wishes are followed. For instance, if the will says the house should be sold and the money given to a charity, the executor ensures it’s done.
A List Of Assets Is Necessary
This is a list of everything the person who passed away owned. It could be houses, cars, money in the bank, or even jewelry.
An Account Of The Debts and Taxes
Before distributing property to beneficiaries, any debts and taxes owed by the person who passed away need to be paid. For example, if they owe money on their credit card, that needs to be settled.
Execution Of Will Through Property Distribution
Once debts and taxes are paid, the remaining property is given to the beneficiaries according to the will. If the will states the TV should go to a friend, the executor ensures it happens.
Who Is A Probate Lawyer, And How Can They Help You?
A probate lawyer is a legal expert who helps when someone passes away. They guide the family and beneficiaries through the legal process of making sure the person’s will is valid, and their property is given to the right people according to their wishes or the law.
They handle paperwork, debts, and taxes and make sure everything happens correctly and fairly. If there are disagreements or questions, they step in to find solutions.
Here is a list of all the duties that a probate lawyer can perform for you.
- A probate lawyer’s first duty is to explain the probate process to the deceased person’s family or beneficiaries. They break down the steps, timelines, and what to expect.
- If there’s a will, the lawyer helps ensure it’s legally valid. They verify if it meets all legal requirements, such as being signed and witnessed correctly.
- They handle the necessary paperwork for court filings. This includes submitting the will, asset inventory, and other required documents to start the probate process.
- The lawyer communicates with beneficiaries to inform them about their rights and the process. They ensure everyone is on the same page
- They help in determining the value of the deceased person’s assets. This involves assessing properties, bank accounts, investments, and personal belongings.
- They ensure debts and taxes owed by the deceased are settled using the estate’s assets before distributing anything to beneficiaries.
- During probate, the lawyer manages the deceased’s estate. They may need to maintain properties, handle finances, and address ongoing responsibilities.
- If any conflicts arise among beneficiaries or creditors, the lawyer helps mediate and resolve disputes to ensure a smooth process.
- The lawyer drafts and files necessary court documents, like petitions and motions, to move the probate process forward.
- They also keep a list of all financial transactions related to the estate and provide reports to the court and beneficiaries.
- Once all debts are paid, and everything is in order, the lawyer ensures that the deceased’s property is distributed to the beneficiaries as per the will or state laws.
- If there’s a court hearing or appearance required, the lawyer represents the estate and beneficiaries, presenting their case and ensuring their interests are protected.
After all duties are fulfilled, the lawyer guides the process of closing the estate. This includes submitting final reports to the court and ensuring beneficiaries receive their rightful shares.
What Are The Questions To Ask A Probate Lawyer?
If you are looking for questions to ask a probate lawyer, you have come to the right place. These questions help you know what to expect. You’ll know if they’ve handled cases like yours, and how they manage disputes prepares you for any challenges. Asking questions helps you build trust and also prepares you for what’s to come.
Here are the questions to ask a probate lawyer before hiring.
Question 1: Can You Explain Probate In A Way I Can Understand?
A skilled lawyer should be able to explain difficult legal concepts to you. It is their job to simplify the process in easy-to-understand terms. This demonstrates their ability to communicate well and ensures you’re informed at every step.
Question 2: What Do You Charge For Your Cases?
Knowing how they charge is important. Some lawyers charge by the hour, while others have a fixed fee or a portion of the estate. This question helps you understand the financial side and prevents any unexpected surprises.
Question 3: Do You Have Experience with Cases Like Mine?
The law can be complex, and following someone’s wishes isn’t always straightforward. Asking if the lawyer has dealt with similar cases boosts your confidence.
Question 4: How Do You Handle Disputes Among Beneficiaries?
Conflicts can arise during probate, so it’s good to know their approach to solving disagreements. Their answer lets you know how they handle conflicts that benefit you the most.
Question 5: Will You Be Personally Handling My Case?
In larger law firms, junior attorneys sometimes handle cases. Knowing if the lawyer you’re speaking to can help you to establish a personal connection. This ensures that you are comfortable with the attorney that is involved in your case.
Question 6: Are There Matters To Be Aware Of?
While probate is a straightforward process, issues can surely arise. For instance, your family members might challenge the will. Knowing about these circumstances can help you be better prepared against any potential challenges in the future.
Question 7: Are My Documents In Order?
Several documents must be completed and submitted to the Probate Court. If there’s a will, the original and death certificate need filing.
Here are the questions to ask a probate lawyer after you have hired them.
Question 1: Is Our Case On Track?
You can also ask for a clear outline of the steps ahead so you know what’s coming.
Question 2: What Is The Mode Of Communication That’s Best For You?
This will help you to understand how often you’ll update each other and how to reach them.
Question 3: Do You Need Any Further Documentation From Me?
This will lead you to provide any necessary paperwork promptly.
Question 4: Can You Explain Any Legal Terms?
If you’re unsure about something, ask for simple explanations.
Question 5: At This Pace, When Will The Case Reach The Desired End?
This will help you get a heads-up on the proposed timeline of the case.
Additionally, you can also get guidance on how to address questions from family members or others involved.
What Do Your Probate Lawyer’s Answers Signify?
Apart from these questions to ask a probate lawyer, the types of answers that you get from them can help you determine if they are the right choices for you. Examine their answers and communication with you to look for these green flags. Let’s have a look at some of them.
- The Ideal answer to the question on previous cases should be a “yes”. If they have handled cases similar to yours, that makes them a good choice. It means that they understand the challenges and can provide effective solutions.
- Their answer to what you can expect from the whole probate process should be on the topics of clarifying and validating the will, followed by settling debts, distributing assets, and the like. If any of these elements are missing from their answers, rethink your choices.
- The Ideal answer to the question of how long probate usually takes should give you a practical approach. It can be on the lines of several months to a year. This will help you to plan and manage your expectations. Any answer that indicates that it takes hardly a month or a few years can signify that your lawyer does not know the law well enough.
- When you ask your probate lawyer about potential complications during the probate process, a good probate lawyer will provide an answer that acknowledges the fact that disputes or unexpected issues can occur. Their response might sound like, “Yes, there can be situations like that.” This shows your lawyer’s honesty and awareness of the realistic aspects of the case.
- When you ask them a question about the documentation you’ll need in order to proceed with the probate, these are the acceptable points in their answers.
⦿ Death certificate.
⦿ The original or a filed copy of the deceased’s last will and testament.
⦿ Any documents previously submitted to the probate court.
⦿ Names and addresses of all beneficiaries mentioned in the will.
⦿ Copies of bills and financial commitments owed by the deceased.
⦿ Copies of property deeds owned by the deceased.
⦿ Recent financial statements, such as bank accounts, life insurance policies, and retirement or investment accounts.
What Should You Know Before Consulting A Probate Lawyer?
Before scheduling a consultation and thinking of questions to ask a probate lawyer, there are some steps you can take to be better prepared.
- Collect essential documents like the will, death certificate, property deeds, and any existing court documents related to the deceased person’s estate. Having these ready will give the lawyer a clear picture.
- Make a list of all beneficiaries mentioned in the will. Include their names, addresses, and contact information. This helps in ensuring everyone gets what they’re entitled to.
- Compile information about the deceased person’s financial situation. This includes bank statements, insurance policies, investment accounts, and debts. Having a clear financial overview is crucial.
- Make a list of all properties owned by the deceased, such as houses, land, vehicles, and valuable items. Include details like their estimated value and any relevant paperwork.
- Talk to family members and beneficiaries to keep them informed about your plans. This avoids confusion and ensures everyone is on the same page.
- If you’re the executor named in the will, read up on your responsibilities and duties. Being aware of your role can help the lawyer assist you better.
- Do basic research to know what answers to expect to the question to ask a probate lawyer. Have a basic understanding of the probate laws in your state. This will help you ask relevant questions when you consult a lawyer.
- Make a list of questions you want to ask the probate lawyer. This ensures you cover all your concerns during the consultation.
Have an idea of your budget for legal fees. Different lawyers charge differently, so it’s good to know what you can afford.
Final Thoughts
Probate lawyers are guides when someone passes away. They make sure everything is done right and fair with the law. They help with paperwork, answering questions, and solving problems that might come up.
Having a probate lawyer can make a tough time easier by making sure things go smoothly and following the rules. They’re there to support you and help you through a difficult process. Make sure to ask them the right questions to make things easier for them and for you.
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