While probate can sometimes be managed without an attorney, certain situations will benefit from legal guidance. These may include cases where substantial or unusual assets are involved, when family relationships are strained, or when state probate laws are complex.
A probate lawyer can guide you through the process of validating a deceased person’s will, identifying their final assets, paying their debts, and distributing their property to their heirs.
1. Get a Recommendation
The best way to find a quality attorney is by getting a recommendation from someone you trust. This may be family, friends, or other attorneys you have worked with in the past. Ask them what they thought of the experience, if they had any issues and how well the lawyer communicated.
You should also consider their experience level, how quickly they can start work, and whether or not they have a high case load. If they seem to be very busy, you may want to keep looking for a different attorney. This is why it’s also a good idea to have at least one backup option on speed dial.
2. Look for Experience
While the internet can be a valuable resource, word-of-mouth recommendations are always a good place to start. This method can also help you narrow your search to attorneys who may best meet your needs.
Estate planning attorneys can assist with a wide range of legal issues related to the transfer of property upon death. They can also help clients create trusts that will minimize taxes and avoid probate.
They can also provide guidance on estate planning for people with unique situations, such as those who own businesses or live out of state. They can also handle challenging claims made by creditors and beneficiaries. In these cases, it is important to seek counsel as soon as possible.
3. Look for Costs
The specific legal matter will impact how much the lawyer will charge. Some attorneys may be cheaper than others, but it’s important to remember that you usually get what you pay for.
In some states, probate lawyers are capped at a maximum percentage of the estate value. In other states, they are paid by the hour and fees can vary. Probate can be very time consuming and expensive. Fortunately, you can decrease the amount you’ll spend on the process by doing some basic estate planning (like joint ownership of property or designating intended beneficiaries directly on life insurance and retirement accounts). This will also help to speed up the process. Typically, the longer and more complicated the case is, the more it will cost.
4. Look for Reviews
Reviewing the attorney’s client reviews is a great way to get an idea of what it would be like working with them. Look for comments on the lawyer’s professionalism, communication skills, and empathy. Negative comments are also important to look for; an attorney who consistently treats clients poorly will likely not have a good reputation within the community.
A reputable attorney will be able to advise you on whether or not probate is necessary and, if so, will walk you through the process of carrying out the decedent’s wishes. They will also be able to answer any questions you have about fees, including whether they charge hourly or a percentage based on the value of the estate.