Is there a difference between a probate lawyer and a real estate lawyer?
Yes. A probate lawyer handles estates. A real estate lawyer handles transactions that involve real estate. Those specialities are often combined in a law practice.
A probate lawyer is a lawyer who specializes in matters of the probate court, which is to say, the processes of administering the estate and property of a person who has passed away. In general, probate lawyers are responsible for the legal validity of wills and disposing of the estate as specified in said will.
An estate attorney specializes in probate law.
Inventory the estate and protect the assets.
A probate attorney job is to manage how the will or last testament of a deceased person is filed for clients. A probate lawyer is said to be an estate lawyer. It is possible to shop around for a probate attorney, so one can find an affordable one.
They are paid by the estate. Unless the lawyer has been retained by a beneficiary, in which case they are responsible.
It is a good idea to consult a probate attorney. They understand and will follow the laws and requirements to settle the estate.
If you claim insolvent on property of your deceased parents who is responsible for paying the lawyer the deceased parent had for their last will and testimont and probate?
Apparently your parents had a will. They wanted a particular lawyer to probate the will. When they died, they had nothing. In that case, there is no point in probating the will and no one needs to pay to probate the will. If there was property, then the property can be sold. The estate pays the lawyer.
You need an attorney who specializes in probate law.
See a probate lawyer or whoever is handling the estate.
They are paid by the estate when working with one. Or the client pays them up front.
Get a lawyer. You can recover damages from his estate but it needs to be filed before the estate clears probate.
A Lawyer is not required by law. But You must be very care full: Make sure this is an uncontested estate That you make sure you understand the process That the estate is simple If you get it wrong you can be held financialy responsible. USE A lAWYER IF YOU ARE NOT 100% SURE.
No, you do not necessarily need a lawyer when filing a will in probate, however because it is such a court-intensive process having a lawyer that knows the system is always a plus. In the process of probate, a probate court determines the validity of the decedent's "last will and testament." After this, the court oversees asset distribution to named beneficiaries or rightful heirs according to state intestate succession statutes. The court also oversees the… Read More
If he had a lawyer there may be a will and you should be able to find out from the lawyer if you are included. The Executor of his estate may also have the will and you should be able to see a copy or at least find out. Otherwise his estate will go to probate court and the judge will determine how the estate is divided.
The probate process of any will starts by presenting the will to the court and petitioning the court to open the estate. The judge approves the validity of the will. Many people contact and estate lawyer to help with the process.
only if you are named administrator and the lawyer authorizes you to do so
Title to property, especially real property, does not pass to the beneficiary until the estate is probated. If your local probate court is very helpful you may be able to handle the probating of the estate yourself. If not then you will need to hire an attorney.
The first step is to become a lawyer. That requires law school and passing the bar for the state in question. Part of the schooling will deal with probate and trusts. If you have the opportunity you will want to take probate tax and any other probate courses available. Then get a job with a law firm that specializes in estates. They will give you on the job trainings.
What if everyone involved with the estate and probate procedure has a mental defect but remains untreatedcomma no?
Wow, that is a serious situation. Better go see a lawyer.
That depends on the laws of the jurisdiction. In many cases the spouse is entitled to a portion of the estate, which may be 1/3rd or 1/2. Check with a probate lawyer in your jurisdiction.
In the United States, anyone can sue anyone. Sometimes the suit has no basis and no lawyer will touch it with a 10 foot pole and it is ruled frivolous and the person bringing the lawsuit loses both his filing fee and his shirt, but, yes, it can be done. Since you use the term estate, you might mean your grandfather just died. You might mean he has a will that is in probate. In… Read More
What if the property is claimed insolvent and their is no estate to pay the lawyer but he wants to charge a fee still?
You need to review any documents you signed when you hired the attorney to probate the estate. You may have agreed to pay the fee.
The easiest thing is to contact a probate lawyer. They know the process and the requirements. You can also go to the courthouse and ask for a probate packet. It should contain all of the necessary forms for opening an estate.
You can look for them in the phone book or the internet. One the internet, you may want to check the state's bar web site, they may list attorneys by area of practice. In this case you are looking for a probate or estate lawyer. The other way is to ask friends who they would go to.
What information is needed by the personal representative or the probate lawyer to determine who the heir is?
A last will and testament is needed to probate an estate and determine who the heirs are. If there is no will the property will be distributed according to the laws of intestacy. You can check the laws in your state at the related question link.
Go to the court handling the probate and ask to see a copy of the will that was filed in the name of the decedent's estate.
You should look for an attorney who specializes in probate or/and estate planning. Most "general practice" attorneys can also draft a Will.
What can be done if the executor is stealing from the estate she is exeutor of and lying to lawyer about the assets.?
You should bring any proof you have to the attorney who is handling the estate immediately. If the lawyer does nothing then bring your proof to the probate court and make a complaint about the attorney AND the executor. If your claim can be proved they should both be removed from the case and should be sued.
You would be looking at a General Practice attorney. Specialties are obtained after law school and include tax, probate, estates, corporate and real estate.
My mom passed away but financed a car i was making payments on for her she is no longer living so can i just give the car back to the bank or must the debt owed on the car come out of the estate?
In the United States, wills and probate are under state law. If there is a probate lawyer, ask him. In this state probate law has a provision for that.
Yes. You can probate an estate without a lawyer. Whether you do it properly depends on your level of legal expertise and the complexity of the estate. You should be aware that you must petition the probate court to be appointed the executor if there is a will and you were named or if no executor was named. You must petition to be appointed the administrator if there is no will. Procedures vary in different… Read More
Call the attorney and ask. They know the timetable for that particular estate. Call the attorney and ask. They know the timetable for that particular estate. Call the attorney and ask. They know the timetable for that particular estate. Call the attorney and ask. They know the timetable for that particular estate.
At the probate court, at the local law library and from a local probate lawyer.
The Will does not have an Executor (male) or Executrix (female) then it should go to a lawyer, but a diligent person can actually Probate the Will on their own. Books with the forms inside can be bought at book stores. I Probated my in-laws Estate and it wasn't hard at all. If there are Heirs in the Will they should be given copies of the Will (they do not need to be signed by… Read More
The Letter of Direction is often required when a person has passed away and the Power of Attorney must make certain decisions on behalf of the deceased. The Letter of Direction can take various forms, and generally the estate lawyer can help you with the wording required. The Power of Attorney (POA) becomes the Administrator when someone dies and the finances of the deceased are generaly frozen in an estate account held by the lawyer… Read More
Hiring a probate lawyer is required in the United States when going over the last will of someone who has passed. To hire a probate lawyer, one can go to the website Law info where they have a list of probate lawyers from all over the country.
A good lawyer knows the law. A great lawyer knows the judge.
The difference between a lawyer and an attorney at law is that a lawyer practices law and gives legal advice. An attorney at law handles court cases at all levels of law.
Most attorneys can answer basic questions about wills. Those that specialize in wills are referred to as probate and estate lawyers. They know the current state laws and tax laws associated with the process.
Does my mother's husband have to provide me with a copy of her will He is executor and wants me to sign a form saying you have seen it when I have not and will not provide me a copy?
Sign nothing yet. Ask him if it's ok if you sit down and read the will in his presence. If he says no, then politely tell him that you'll be taking with a lawyer about the whole situation. If he still says no, then call a lawyer. No. If you have not seen the will, don't sign! And send a letter to the probate court. You are a natural heir to the estate and are… Read More
Who pays the bills for legal representation in a deceased estate when the Executors cannot work together.Who approves the cost of separate legal representation to defend the claim against the estate.?
This is a question to be answered by looking to the law of the state of probate. Generally (at least in New Jersey) when an executor retains a lawyer to help in the administration of an estate, that lawyer is actually retained by the executor not the estate. The executor is personally liable for the bill; however, the law recognizes that legal help is needed so it allows the executor a reimbursement for a reasonable… Read More
what is the limit a lawyer can charge in California for probate
Overall, Civil lawyers and Criminal lawyers. There are quite a few subgroups, Wrongful Death Lawyer, Traffic Lawyer, Tax Lawyer, Software Lawyer, Social Security Lawyer, Securities Lawyer, Personal Injury Lawyer, Patient Lawyer, Nursing Home Lawyer, Mesothelioma Lawyer, Medical Malpractice Lawyer, Malpractice Lawyer, Litigation Lawyer, International Lawyer, Insurance Lawyer, Injury Lawyer, Fraud Lawyer, Employment Lawyer, DWI Lawyer, DUI Lawyer, Divorce Lawyer, probate lawyer, and sexual contact lawyer In the UK there are primarily two different types of… Read More
You need to be legal executor of the estate of your late father. You will need to prove this to the bank which holds your father's account. To do this you need to submit the will (if one exists) to probate to attest the value of the estate and settle all debts pertaining to the estate first. The quickest way to resolve this is through a lawyer.
A lawyer has no magical powers to get someone else's tax return. But if you have a legitimate need to see the tax return, the lawyer can petition the probate court to get an order compelling the executor of the estate to show it to you. But it may not be necessary to go that far. If you have some legitimate need to see it, often times a letter from your your attorney can convince… Read More
An "injury lawyer" is just a lawyer whose practice revolves around personal injury cases
Your father died without a will in Ky and your step brother is executor of his estate and you think the amount he sent to you may not be fair?
If your step brother is named the executor of your father's estate, he can divide things up as he sees fit. If you really think he is being unfair, you can get a lawyer and take him to probate court.
In New Zealand should a lawyer acting for executor of a will send a bank cheque to a last known address of beneficiary or should a letter be sent asking the beneficiary to contact the lawyer?
No. The lawyer should consult with an attorney with more experience in probate matters in New Zealand. Lawyers do not usually send bank checks to "last known addresses". The lawyer should establish contact with the beneficiary and usually obtains a written release of any future claim agains the estate. Please seek advice from an attorney who specializes in probate in your jurisdiction.
an estate lawyer is paid handsomely for doing the job
In this state that is done by a Probate Court. A Probate Lawyer can do the paperwork.