Get a Consultation

Hess-Verdon & Associates

Call us Today

Questions To Ask A Probate Attorney

Questions to Ask a Probate Attorney

In the blink of an eye, a decedent’s assets can be heisted, pillaged, squandered, or frozen. Probate attorneys help to execute the deceased’s estate plan or intestacy laws so that this doesn’t happen.

But how do you choose the right probate attorney? Probating an estate is a process governed by many legal and family-level processes. When hiring a probate lawyer, there is no science or art apart from asking the right questions.

by | Oct 17, 2023

Questions to Ask a Probate Attorney

In the blink of an eye, a decedent’s assets can be heisted, pillaged, squandered, or frozen. Probate attorneys help to execute the deceased’s estate plan or intestacy laws so that this doesn’t happen.

But how do you choose the right probate attorney? Probating an estate is a process governed by many legal and family-level processes. When hiring a probate lawyer, there is no science or art apart from asking the right questions.

1. What is the focus area of your practice?

Whether you are the decedent’s heir, beneficiary, or executor, you need to work with a probate attorney with real experience and expertise in the field. Specialty in estate planning and probate handling is a strong suit that’ll help streamline the process.

2. What is the job as a probate attorney?

  • Estate management and distribution,
  • Tax planning, and
  • Conflict-free Will execution.

3. Have you executed a will before?

An estate planning attorney may yet have zero experience in will execution. Ensure to get a positive answer before signing them on.

4. My loved one died without a will.

Do I need a probate case?

Probate happens whether or not there is a will. The work of the probate lawyer will be a little different in each case.

Takeaway: 

  • If the deceased had a Will, the executor should adhere to it.
  • If there is no will, intestacy laws apply.

In both cases, legal counsel streamlines the process.

5. How do you charge for your services?

 Attorneys don’t list fees on their sites, so seek clarity before on this matter before you hire. Sometimes they use standard fees or hourly rates. Get the answers in advance to avoid unexpected expenses and nasty surprises after the probate process.

6. How long does probate take?

The answer to this depends on the size of your estate. Smaller estates can take a few months, while larger estates can take up to a year or more to probate. As one of the questions to ask an attorney, this probe helps weigh their field expertise.

7. What can I expect during probate? 

Assuming you have no legal background, you’ll depend on the attorney to be transparent and proactively communicate through the process. This question helps to evaluate whether they are committed to transparency.

8. What are the duties of an executor?

If you are an executor named by the decedent or appointed yourself as so in a situation of intestacy, the probate attorney should help you understand your functions. They should help you manage assets, pay taxes and debts, and distribute funds to heirs and beneficiaries.

9. How do we handle creditors?

Another question that might help this meeting is how to deal with outstanding debts or financial obligations. When executing a will or intestacy requirements, all estate creditors are entitled to reimbursement from the estate’s proceeds. Your probate lawyer should draw up a plan for attaining liquidity and paying creditors.

10. What do I do if someone is mishandling the assets?

Soon after a donor’s death, beneficiaries, heirs, or even executors can mismanage the estate. A probate attorney should provide legal assistance to either stop, remove these persons, or get compensation for the wasted finances.

11. Do you have expertise in estate planning?

If the deceased left a pour-over Will, it means that the assets mentioned be put in a trust. A probate attorney with estate planning or trust administration skills can be of great assistance.

12. How do I avoid probate?

When planning your estate, it’s important to remember that not all assets go through probate when you die. An estate planning attorney can help to create a will and plan your estate with strategies such as joint tenancy and trusts.

13. How do I reduce probate costs?

Probate cost reduction strategies should be top among the questions to ask a probate lawyer. If they know their job and are experienced in it, they should develop testator strategies such as paying debts and funeral planning.

14. How do you avoid probate disputes?

As a will executor or self-appointed estate executor, your job will not necessarily be a smooth sail. You may come face to face with angry beneficiaries and family members. A probate lawyer should be a fair arbitrator.

15. Which court handles probate? How do I start the process?

The sooner you start and get done with the process, the better. The process begins when you file a petition in the county where the deceased last lived. Finding the best probate lawyer makes the process much less stressful.

16. What do I do if challenges arise during the probate process?

Because probate cases involve the division of family finances, problems sometimes arise with this process. There may be allegations of undue influence or coercion that should be resolved before the final distribution.

Creditors can make claims that the executor does not believe he or she is eligible. Measurement problems may arise. Your attorney can review the legal issues surrounding your case and provide you with legal advice.

17. How can you be of assistance to a will executor?

A probate lawyer should work with executors throughout the process. He/she submit the will for probate, make filings for court proceedings, issue notices to heirs, beneficiaries, relatives, and creditors as stipulated by the law, and help executor in Inventorizing probate assets.

18. How do I deal with insurance?

Your lawyer should help you claim if your deceased loved one had a life insurance plan. Sometimes the proceeds are paid directly to beneficiaries, but other times, they are paid to the estate probated.

19. How can a probate lawyer help the family?

A probate lawyer can help to dispute a will if you suspect its authenticity. They can help, via the courts, remove a will executor who is biased or mismanages the estate.

20. Have you handled a case like mine, and what did you experience?

Sometimes the will has very ambiguous clauses or gifts that can trigger intestacy. Jurisdiction problems, Will challenges, and a beneficiary’s death are also other issues that can complicate probate. The best probate attorney should have experience in these matters.

If you are a beneficiary or will executor in need of hands-on legal counsel and representation, call Orange County probate attorney Hess Verdon at (949) 706-7300.

Need a Second Opinion?

There are times when you need a second opinion from another attorney. We can confidentially evaluate what the problems and solutions are for your case. Our probate attorney will tell you the truth about what the source is of your delays, questions, or increased expense.

If you are currently in litigation, consider the following:

  • Why is this taking so long?
  • Is it your lawyer?
  • Do you wish your attorney was more like your opposing counsel?
  • Why is this costing so much?
  • When will this be over?
  • When should you settle and for how much?

If you have questions that your attorney is not answering, or the litigation has taken unexpected twists and turns, you should seek a second opinion.

What is the cost of a second opinion?

Contact us today for an initial consultation.

To discuss your situation, to meet with us, or to get your questions answered, please call our office to schedule an appointment.

Trust &Amp; Probate Litigation AttorneyCall Us At 949-706-7300

Probate Overview

Are you looking for a probate attorney in the Newport Beach area? When it comes to the practice of trust and estates, it can be difficult finding an attorney that’s experienced in What Questions To Ask A Probate Attorney. A Must Knowhandling your specific issues.

Request a consultation today.

With over 30+ years of law, 3000+ clients throughout our tenure,
you can receive in-depth legal counsel today.

What Questions To Ask A Probate Attorney. A Must Know

Probate Attorney Questions

Are you looking for a probate lawyer in the Orange County area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in

What Questions To Ask A Probate Attorney. A Must Knowhandling your specific issues.

 

Request a consultation today.

Testate Vs Intestate Estate. What To Know!

Testate vs Intestate Estate. What to Know!

Testate vs. Intestate  A testate estate occurs when a deceased person leaves a will dictating property distribution. An intestate estate happens when there's no will, leading to property distribution by the probate court according to statutory priorities.The terms...

Testate Vs Intestate Estate. What To Know!

Experienced Will and Trust Attorney Services

Will And Trust Attorney Inheritance can involve disputes such as children fighting over assets, ex-wives fighting over properties, and a widow remarrying and taking everything, leaving a deceased's children dry. It happens more than you think, notably when the estate...