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What to Consider When Hiring a Probate Lawyer
Probating often involves legal formalities and emotions can run high especially where the deceased was loved one. It is not always necessary to hire a lawyer in a probate proceeding but it may be necessary in some cases. This might be when big and or irregular properties are likely to go under probate, when there exists family conflict or if the property is likely to be charged with estate tax or if the probate law in the state is complicated. If you are an executor, you need a lawyer if the deceased had a large number of debts that must be paid from the estate. Among these, the lawyer will help you determine which of those debts are likely to be prioritized. On the other hand, if you are a beneficiary who wants to challenge a will, then it’s advisable that you get in touch with an attorney straight away. These cases involve high risks because most wills include no-contest clauses, which mean that if a person tries to contest a will and loses the case, he or she is not entitled to any property as provided in the will.
It can be quite a daunting task to determine who is the best lawyer for your case. A web search, which could be as simple as performing a Google search, is often a good place to start, yet it should not end with that. Google searches can result in a substantial amount of listing that include many paid ads which are not always indication of the lawyer’s skill or their ability to handle your case effectively. Likewise, it is possible to learn something simply by discussing the situation with friends or other colleagues that have hired a probate attorney but what worked well for them may not work as well for you. Each situation is unique. Below are some pointers that will guide those who would like to knowledgeably search for attorneys, as well as comparing them.
Background and Experience
The practice of estate planning and probate has a large number of similarities, and most of the legal professionals work in both fields. However, you should know that they do not correlate. Just because one is able to create a will for a client does not mean that they have the training necessary to deal with probate or probate lawsuits. You will have to find a lawyer who understands the peculiarities of the process in the probate court. In an ideal world, you want a lawyer who has had the opportunity to help others in circumstances that are like yours. For instance, if you have a concern about a large gift of real estate to a friend who was instrumental in your loved one’s nursing home caregiver selection, you should consult a lawyer who practices in post-death challenges to wills on the ground of undue impressing. If the executor of your loved one’s estate disappoints and does not do a good job, you should get a lawyer who understands how to replace an executor. Atorneys who specialize in a certain area of law may have obtained certain board certifications or belong to professional groups. It’s possible they were awarded certificates or any other type of formal acknowledgment of legal brilliance.
Professional Record
Ideally, you should seek the services of a lawyer without obvious misconduct or sanctions on record. Details on an attorney’s professional experience can be found through the state bar association website of the attorney’s practicing state. This way you may get a sense of the events that led to the disciplinary action by reviewing its details. This is to say that some violations are not as grave as others. There may be a talented attorney whose license is still valid but was fined over a minor issue hence, you should not discount such a lawyer just because of their offense.
At the same time, if an attorney has numerous serious violations, this should be a sign that they are not suitable even with the best results. This means that you do not want atrocious errors by your attorney to lead to forfeiture of rights and interests that you ought to have guarded.
Results
Occasionally, a probate lawyer will detail their greatest achievements on their website or a blog they maintain. You should not expect to achieve what a previous client achieved because every person is unique. However, a history of good signals for other people who were in somewhat similar circumstances to yours can be encouraging. You may also get to understand on the matters in which an attorney is most impressive if most of their good outcomes are inclined towards a certain type of issue.
Initial Consultation
Most probate attorneys have a free initial consultation for anyone seeking their services, while others charge a small fee to attend to the client. The consultation enables the client and the attorney to determine if they are going to go well together. In as much as you may seek the service of an attorney who seems to be very qualified and achievements a lot, you should not hire their services just on that basis. However, you should ensure that you get a lawyer with whom you have a good rapport and with whom you feel comfortable. You should be able to perceive your lawyer as interested in your case and not as a number among many others. It is advisable that one should get to schedule meetings with several lawyers before hiring one.
When attending a consultation, it is useful to have a list of questions to ask so that you can determine if that attorney is right for you. For instance, you may wish to explain what you would like to achieve and enquire how probable it is that you will achieve it, given the legal situation that the lawyer perceives in your case. You should not get an exact figure, but an idea will assist you in setting your expectations. An optimistic answer can be useful, although you should beware if an attorney promises results or seem much more confident than other lawyers. They may be overpromising. Also, you need to pay attention to the way the attorney expresses the analysis that has been made. This way they should be able to justify their decisions and even explain them to a layman who does not have a background in law.
Fee Structure
Fees is another area of concern that should be discussed at the consultation. There are probate lawyers that will charge you through an hourly basis while others will require you to pay a fixed amount when you are undertaking particular services. In a few of the states such as California and Florida the attorney fee may be an percentage of the value of the estate that is being administered. But a client may not be interested in paying a percentage fee because it takes the gross value of the probate assets into consideration as opposed to the net value. While some of these attorneys may be willing to negotiate their fees to an hourly rate or a flat fee. This is why any fee arrangement must be clearly stated in the representation agreement for you to comprehend the expected fee.
Legal costs may not be the only costs that you will be required to meet. A probate proceeding can therefore attract other expenses including filing fees, publication fees and recording fees. Additional cost may be incurred in the course of trial, like, service costs, witness costs as well as the cost of the court reporter. These costs must be considered during the calculation of the cost of a proceeding or while trying to assess the financial viability of a dispute.
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