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Understanding Probate – And Why You Need an Attorney

adminside March 7, 2024
Understanding Probate - And Why You Need an Attorney

The process of settling an estate after someone’s death is known as probate. It ensures that assets are distributed in line with state law or the will of the deceased. Probate can be difficult to navigate without expert help. An experienced probate lawyer assists family members in navigating the legal procedure.

Qualify Their Experience

Ask how long a probate lawyer has practiced estate law. Find one who has handled many similar cases to yours. At least five years’ experience practicing probate ensures familiarity. They have encountered issues that may arise and know how to address complications. An experienced probate attorney makes the process much smoother.

Check Their Availability

Probate can take months depending on the estate’s complexity. Select an attorney available when needed. Busy lawyers have less time for questions such as paperwork processes. Confirm their responsiveness to calls, emails, and meeting requests before hiring. You need guidance throughout the entire legal process.

Review Their Communication

Clear communication eases stress when dealing with legal matters. Learn how the lawyer updates clients about the case’s status. Ask if updates happen through phone, email, or in-person meetings. Find out how quickly they reply to messages as well. Working with an attentive lawyer who fully explains steps provides peace of mind.

Ask About Fees

Request fee estimates for standard and complicated probates. Inquire if costs vary based on the estate’s assets. Some charge hourly while others use flat or percentage rates. Make sure any additional fees are clear. Get estimates in writing to avoid unexpected legal bills.

Check Testimonials

Read online reviews from former clients. Look for positive feedback about results and customer service. Poor reviews might signal inconsistencies. Talking to referees lets them share their experience working with the attorney during probate. This reassures you to make the right choice.

Ensure A Local Practice

Working with a local probate lawyer provides easy access. Meetings happen face-to-face instead of long distance. Local attorneys understand the area’s court process and laws better than those far away. Their familiarity streamlines the legal work.

Confirm Specialization

While general practice lawyers dabble in many legal fields, specialized attorneys solely focus on probate. Their expertise better serves families than non-expertise. Probate specialists offer the most professional guidance through the estate settlement process.

Check For a Law Degree

Only individuals with a JD can legally represent clients during probate. Others without law degrees could mishandle details. Make sure any potential attorney completes four years of undergraduate study followed by three years of law school to earn their JD.

Request References

Ask for professional references such as past co-counsels or opposing lawyers. Contact a few references to learn their experience collaborating or opposing the attorney. Reputable lawyers freely provide contact information for verification of their skills and trustworthiness. This validates their abilities.

Conclusion

A careful search reveals the most knowledgeable and supportive probate attorney. Families can seek educated legal guidance throughout the probate process by considering aspects such as competence level, availability, cost, and references. A qualified attorney reduces the emotional and procedural burden.

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