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If there is already one probate attorney how is the other clients attorney paid?
Wiki User
∙ 15y ago
This depends on the state in which the decedent died, so those laws must be checked. In New Jersey, the law allows "reasonable" counsel fees to be paid out of an estate. This means that counsel fees for two lawyers duplicating efforts will not both be paid. Beneficiaries who hire lawyers to protect their own personal interests pay their own counsel fees, unless that beneficiary incurs legal fees for taking some action that benefits either the estate as a whole or all other beneficiaries as well. When one beneficiary pays a lawyer to do something that helps everyone else, the law considers it inequitable to saddle the one beneficiary with all those costs. The court will allow a reasonable amount of counsel fees to the second lawyer in that case. Where there are two executors and they cannot agree on one lawyer, so each hires his/her own, a court will most likely order each executor to pay half of their own lawyer's bills.
Wiki User
∙ 15y ago
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Do all parties have to agree to use an attorney to probate a will?
The executor makes the decisions. There is no other requirement.
Do the contents of a house have to go through probate if the house was left to you in a Life Estate Deed?
You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.
You are named co-executrix of a Will and the other person has seen a lawyer about the Will without notice to you. What rights do you have?
First, the executor has no legal authority until they have been appointed by the probate court. If you are named as executor in the Will, the attorney should make certain you have been given notice that the Will has been submitted to the probate court. Your name and the name of the co-executor named in the Will should be on the petition for probate. You should contact the attorney who has been consulted and ask her what, if anything, has been done with the Will and the probate process.
What does a lemon law attorney do?
A lemon law attorney shares a lot of the basic training and responsibilities of any other attorney. However, a lemon law attorney specializes in representing clients relative to cars alleged to be unsatisfactory.
How can one sibling get power of attorney without the other siblings consent?
Apply to the probate court for the power. If the circumstances warrant it, they can grant that power.
What is a probate?
At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final dispositive statement and which confirms the appointment of the person or institution you have named to administer your estate. The term "probate" is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered, applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in the will.
How do lawyers determine the fee they charge for reading and probating a will?
Probate laws and procedures vary widely State by State, however in CA and many other States, probate statutes, in most all circumstances, predetermine the fee a probate attorney will receive if an estate goes through the probate court.In addition, a Probate Judge, may reduce the standard percentages an attorney may receive.In CA, the more the estate is worth, the lower the percentage gets.As far as "reading" a will, I'm not sure what you mean. It's not like the movies. You might have the attorney explain legalese things you don't understand in the will, especially if he/she was involved in writing it, but I certainly wouldn't pay them to read it.
How do you go about opening an estate for someone who is deceased?
You go to the probate court and ask for a petition for administration. If the staff is helpful they will tell you what needs to be filed with it and how to publish the notice. If the staff isn't helpful then you should consult with an attorney who specializes in probate law. If the decedent owned real property or other valuable assets an attorney should handle the estate.
What is the process for opening a will after the person has died?
The will is filed with the court. Along with it will be other forms that ask for an executor to be appointed and that the beneficiaries have been notified. Consult with a probate attorney in your state for more assistance. Most courthouses can provide a probate packet that has the forms and directions.
How can you find out if your sister has power of attorney over your disabled sister?
Ask one of them. Other than that there is no other researchable way. Such documents are not generally required to be filed with the public records unless there is real estate involved. In that case a copy of the power of attorney would be recorded in the land records with any transaction that affects the real estate. On the other hand, if your sister is mentally disabled she may not be legally capable of executing a valid power of attorney. If that is the case a legal guardian would require appointment by the probate court and you should discuss the situation with an attorney who specializes in family law and probate.
Where do you probate a will if it was executed in a different state than where the decedent lived?
The following is general information only. You need to consult with a local attorney who specializes in probate laws and who can review your situation and advise you of your options.If the decedent owned property in another state, other than the state where the will was executed, an ancillary probate must be done in the state where the property is located.Most states allow a foreign will if it is a valid will in the state where the decedent lived when the will was executed. Therefore, the will must be proved and allowed in the state of origin first and exemplified copies can be filed for the ancillary probate proceeding.
Why It Is Important to Check Attorney Ratings?
Attorney ratings are like an insight into a lawyer's character. When searching for the perfect lawyer to handle one's case, it is incredibly important to look at a lawyer's ratings. There are many reasons to seriously consider an attorney's ratings, and this article will discuss those reasons. The unfortunate truth is that some lawyers have a history of malpractice. It can be a client's worst nightmare to land a lawyer with a history of legal malpractice. Legal malpractice means that a lawyer does not pay attention to his or her work, or even worse, commits serious ethical violations in the legal world. The good news is that an attorney's ratings can clearly reveal whether or not he or she has a history of legal malpractice. Typically, attorney ratings will reveal the extent of such malpractice and whether or not the attorney has ever been disbarred from the American Bar Association (ABA). If an attorney has been disbarred by the ABA, then one should definitely consider hiring a new attorney for his or her case. To be disbarred from the ABA, an attorney needs to have committed serious ethical errors in his or her legal work for a client. It is also wise to check attorney ratings to see if other clients simply like working with a certain lawyer. Whether or not a lawyer has a flexible and easy personality to work with can mean a lot to some clients. Often, clients may be in a vulnerable position or feel unsure about their circumstances. It is important for these types of clients to work with an attorney they feel comfortable with, rather than intimidated around. An attorney's ratings can let new clients know whether or not past clients have enjoyed working with a certain attorney. In addition, ratings can alert clients to the availability of an attorney. Some attorneys purposefully make themselves unavailable to clients, while other attorneys go out of their way to be reassuring and available to clients at all times. Many people would prefer to work with an attorney that is always available for any concerns a client may have. Lastly, it is important to check the track record of an attorney in his or her ratings. A track record is a clear indicator of whether or not one's case will see success in the courtroom. It is very important to consider an attorney's ratings in their entirety before making the leap to hire an attorney.
