How to Find a Probate Attorney
When a loved one passes away, their estate assets must be shared with their heirs in accordance with the terms of their will and state laws. The legal process that oversees this transfer is called probate. A qualified probate attorney can help you navigate this complex and often complicated process.
When searching for a Probate Attorney, it is important to ask the right questions. A good probate lawyer will provide expert guidance and support throughout the entire process. They will also make sure all legal documents are filed correctly, answer any questions from beneficiaries and handle disputes that may arise.
The first question you should ask is how much experience they have. It is important to find a probate attorney who has extensive experience dealing with estates and trusts. The more experience the attorney has, the better they will be at resolving issues that might arise during the probate process.
Another important question is how long they expect the probate process to take. This is important because many attorneys charge an hourly rate, and the longer the case takes, the more expensive it will be. Having an idea of how long the process should take will help you budget for the expense of hiring a Probate Attorney.
What kind of disputes might arise?
Sometimes, a dispute can arise over a deceased person’s will. For example, if someone feels that they were unfairly written out of the will or that the will was signed under duress or undue influence, then they would need to hire a probate attorney to represent them in probate litigation. Other times, a dispute can arise because there are different interests in the estate. For example, if one sibling wants to keep the family home and the other siblings want to sell it, then a contract will need to be drafted and approved by the court.
If you have concerns about a potential conflict of interest, it is helpful to discuss them with the attorney during your initial consultation. This will give the attorney a chance to explain their perspective and offer their advice on how to proceed. They will also be able to recommend other professionals if necessary.
A good probate attorney will be knowledgeable about estate and trust laws and how they apply in your specific situation. They will also be familiar with the local court system and how judges handle their cases. This is important because each judge has a slightly different set of rules and procedures that must be followed.
At Davis & Associates Law Office, we have successfully resolved numerous probate cases including will & trust contests, breach of fiduciary duty, financial abuse of elderly persons, guardianship litigation and more. Contact our firm today for a free consultation! We look forward to serving you.