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A review of the probate attorney should be read before hiring one. You should ask about the lawyers prices and the services they provide before hiring one.
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∙ 14y ago
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What should I know before choosing a probate attorney?
The first thing a person should do when choosing a probate attorney is to decide which type of attorney they need. There are two types; probate litigators and transactional lawyers. After deciding which one to hire, next make sure the attorney is experienced and knowledgeable in handling probate matters, but also has knowledge of laws that may affect the case at hand. Lastly, research the attorney online or stop by their local office with any questions you may have to make sure the attorney is reputable. You should choose an attorney who specializes in probate cases. This is a sensitive and complicated area of the law and you should have an attorney that focuses exclusively in this area.
When using a probate attorney is it wise to know how much experience they have in probate?
It is always a good idea to look into your attorney before you decide to use them. You want an attorney with the best results and most experience. So, yes, when hiring a probate attorney, find out as much as you can about their experience.
Who do I not want as my probate attorney?
You do not want an attorney who does not understand you situation and would compromise your stake in claiming your share. This can usually be achieved by doing a little background research before hiring your attorney.
In California the estate of a deceased individual needs to exceed what amount before a probate filing is required?
It depends upon many factors, such as if the deceased died intestate (or without a will), or if the deceased had a trust. It is best to consult an attorney for this matter.
Where can one find an appellate attorney in California?
To find an appellate attorney in California you would need to search the California's Court of Appeals case information website where you can get a good idea of the attorney's experience before you decide to contact them.
Can you have your power of attorney stand in court for you?
No. The attorney-in-fact cannot answer questions regarding the matter that brought you before the court.
Do you need to probate your father's estate if he created a living trust before he died?
You need to probate your father's estate if he owned any property at death that was not transferred to his trust. You should have a copy of the trust. If you're not sure you should consult with an attorney who specializes in probate law.
Does the personal representative have to pay attorney fees if there are no funds in the estate?
Generally, that depends on what the person signed when they hired the attorney. An attorney doesn't usually take on a probate in which there are no assets so there must have been assets in the beginning. If the assets are gone as the result of some action on the part of the executor then he/she may be liable for the costs of the probate. The debts of any estate must be paid before any property can be distributed. That includes the attorney's fees.
Credit card debt in California when spouse dies?
In most cases the debts of the deceased, including credit cards, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
Are you responsible for your deceased husbands debt?
The debts of the deceased are the responsibility of the estate. The estate will resolve the debts before you get any money. Consult a probate attorney in your jurisdiction for help.
Should a parent add their child to property deed to avoid probate in Michigan?
You should consult with an attorney before taking that step. As for a minor child, see the related questions link. Regarding an adult child, you should be aware that once you convey an interest to the child it will be their property and subject to their creditors.
In California can you be the executor and power of attorney?
You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
