If you’re considering hiring a probate attorney, your first consultation is essential. It’s an excellent opportunity to learn about their fees and what they can do for you. Many attorneys will charge either an hourly rate or a flat fee. It’s best to discuss this upfront so you know what to expect.
They’ll Help You Gather Information
A probate lawyer will take over a lot of tasks that you’d otherwise be responsible for in the estate process. It may include locating and assessing estate assets, taking property inventories, communicating with beneficiaries, and closing bank accounts. A probate lawyer in Sacramento can also help you understand any tax implications of your loved one’s passing. It’s essential if they had substantial debts or if you need clarification on the extent of their estate taxes. Your lawyer will help you locate and pay outstanding taxes before distributing the estate’s assets. Should the departed have left no will, your lawyer can assist you in comprehending the state law’s allocation of the assets. It is helpful because it can avoid conflicts and disputes between family members over the inheritance.
Probate lawyers will also conduct public records searches to determine if the decedent had any liens or debts. This information will ensure that the assets are appropriately distributed to heirs. You and your probate lawyer must communicate efficiently. It will help you save money, especially if you’re billed by the hour. Try to save up a list of questions and ask them in a single phone call or meeting. It will prevent the lawyers from having to repeat themselves.
They’ll File Documents
The executor’s attorney will submit a petition for probate to the Surrogate’s Court if the departed left a will. It will include essential information about the estate, such as the executor’s name, the will’s date, and the names of attesting witnesses. It will also inform interested parties, such as family members and beneficiaries, of the estate and its assets. The lawyer will also file any final income and estate tax returns, pay bills, and make distributions to heirs. Some probate attorneys offer a full-service model that takes on all aspects of estate administration. It is an excellent option for those who don’t want to, or need help, handle probate alone.
Discussing fees with a prospective probate attorney before hiring them for the job is essential. They may charge a flat price, a percentage of the estate value, or hourly. Some lawyers will also charge for their travel expenses and out-of-pocket costs. If there is a dispute over the estate or the will, the probate attorney will provide representation during litigation. The process can be exceedingly intricate and time-consuming. Divergences may emerge due to various factors, including the heirs of the deceased feeling excluded from the will or the decision being made under coercion or improper influence.
They’ll Attend Court Appearances
Whether your loved one had a will or trust or died without either, probate is necessary for settling their estate. It includes demonstrating that the choice is valid in court, accounting for all assets and debts, and transferring the assets to beneficiaries. It also involves addressing issues that may arise, such as disputes among heirs or disagreements regarding how the estate should be settled. Fulfilling the legal responsibilities imposed on you as executor or administrator may require significant work, contingent on the estate’s size and the will’s intricacy. It is where having a probate attorney can help. Even if the decedent’s will is straightforward and there is no disputed inheritance or other litigation, a probate lawyer can offer legal advice and guidance. They can assist you with determining and paying any taxes due, addressing any queries or concerns, and filing the appropriate documentation.
Understanding what a probate attorney can and cannot do for you is essential. While many attorneys will charge hourly, a good lawyer should explain the scope of their work and provide you with a clear list of tasks they will handle for you. You and your lawyer can create a mutually agreeable arrangement in your best interests. It will ensure clarity and avoid overlapping or duplicating efforts, which can cost the estate money.
They’ll Represent You
A probate lawyer can take on all the legal duties of settling an estate or work with you to select specific tasks they will handle for you. For instance, they can help you obtain a death certificate and locate assets. They can also ensure that estate and income taxes are filed correctly. They can also assist you in finding professionals to take care of other necessary tasks, such as a funeral director. The lawyers will also ensure that any deceased children can receive their inheritance if needed. For example, they will check to see if the child was adopted by one of the parents or was the product of a same-sex marriage.
A lawyer may bill for their services hourly or charge a flat rate. In either case, they will make sure that the estate gets its money’s worth. The personal representative and beneficiaries need to keep in touch with the attorney to ensure that everyone understands what is happening with the case. For example, the lawyer will keep the beneficiaries apprised of how long the estate takes to settle so they can plan accordingly. They can also answer the heirs’ questions about their inheritances, such as whether a claimant has been paid or when the court will hear the last estate-related case.
