Questions to Ask a Probate Attorney
Probate is a complex and critical process that requires a probate attorney with sufficient knowledge and experience. Choosing the right attorney to handle your probate case is crucial for successful results. And the best way of selecting the right probate attorney is to ask the right questions. This post will discuss the essential questions you must ask your attorney to gauge their ability to assist you during probate.
What is a Probate Attorney?
But first, you must understand what a probate attorney is and what they do before you can ask them the right questions. A probate attorney is a lawyer who specializes in guiding individuals through a probate process. Probate is a legal process that administers and distributes a deceased person's estate, i.e., money, properties, and other assets. The probate attorney is assigned the following roles and responsibilities:
Provide information and legal advice.
The probate attorney is the source of information on all probate requirements and proceedings. Executors or personal representatives and beneficiaries of the deceased rely on a probate attorney’s legal advice to navigate the probate process.
Prepare and file documents.
Probate courts require several documents for the process to move forward. The probate attorney prepares and files these documents with the court for their clients.
Represent the estate or clients.
Probate attorneys represent the estate or the client in the probate court. Their representation may involve going into contests or disputes regarding the will or other issues regarding the estate.
Ensure compliance.
For probate to proceed, it is the probate attorney’s job to ensure that everyone involved complies with state laws and regulations.
Manage the estate.
A probate attorney can also assist in managing the estate while probate is in progress. Their assistance can include verifying and valuing assets, filing and paying estate debts and taxes, and distributing assets to beneficiaries.
Resolving issues.
Probate is often plagued by disputes and issues. A probate attorney helps mediate disputes and tackle issues to ensure resolution and a smooth probate process.
Top Questions to Ask a Probate Attorney
Below is a list of the most essential questions to ask a probate attorney.
1. How long have you been practicing probate law?
This question will provide an idea of an attorney’s experience and expertise in probate. At least a decade of probate practice would guarantee substantial experience in the probate process. For practices not solely devoted to probate, an alternative question could be, what percentage of your practice is devoted to probate cases? Another good question to gauge probate expertise is inquiring about an attorney’s experience in estate planning and trust administration.
2. Who will handle and inform me about my case?
Ask this question to establish your point person: the attorney who will manage the details of your probate case and will communicate with you throughout the entire process. You must establish a clear and direct line of communication between you and your probate attorney for a smooth process and successful end result.
3. How do you charge for your services?
Include follow-up questions like: What is your fee structure? And can you provide an estimate of the costs of the entire process? Asking about the fees and costs early on lets you establish a clear understanding with your attorney and avoid financial misunderstandings in the future. Also, you can ask for any suggestions on reducing probate costs. Choose an attorney who can provide practical fees and sound cost-reduction strategies.
4. Can you provide a description and timeline of probate?
Ask this question to understand the steps and duration of the process. Choose a probate attorney who can provide clear explanations and manage your expectations. Your probate attorney must also be transparent with their expectations. They must disclose any concerns early on. If, for example, they see some special details of your case that may become a major issue in the future.
5. What are the major challenges that can arise in cases like mine?
Probate will not resolve without any challenges along the way. Asking about these challenges lets you gain insight into a probate attorney’s expertise, problem-solving skills, and preparedness for future difficulties. Alternatively, you can also ask how to deal with disputes, creditors, unfair allegations, and other probate scenarios that you must know about but hope never to encounter in the future.
6. What are the ways you support your clients?
Probate lawyers support their clients from the first step of filing for a probate petition to asset distribution and petitioning to close the estate. Choose a probate attorney who can provide a high level of support and comprehensive resources. This support and resources at your disposal will provide reassurance in the potentially troubled times ahead.
7. Do I need a probate lawyer even with a will?
This question will provide insight into a lawyer’s will knowledge and experience. A probate will happen even with or without a will. In both cases, therefore, you need a probate lawyer experienced in executing a will. In the presence of a will, your chosen probate lawyer will help you adhere to it. If there is no will, your probate lawyer will represent your claims to the courts while ensuring that the laws of intestacy (dying without a will) apply.
8. How do I avoid probate?
If you already need a probate lawyer, it might be too late to be asking this question. However, a good probate lawyer can still help you avoid some of the unpleasant aspects of the probate process. Also, they can help you avoid probate on your own estate. They can recommend the ideal estate planning tools for your specific assets, conditions, and goals.
Ask Rilus Law Your Probate Questions
The above questions are valuable when evaluating a probate attorney’s qualifications, ability to manage your case, and whether they are the right fit for your needs. We at Rilus Law also believe that asking these questions allows you to put your concerns out in the open, letting your attorney know how to help you better. So if you have probate questions and concerns, you are welcome to ask us. We are committed to doing our best to help you navigate the probate process with minimal stress, practical costs, and maximum results. Give us a call with your questions today.