Finding a good probate law attorney
Has someone close to you died and you need help with their estate? Or do you have a probate lawsuit that needs a competent probate law attorney to handle? Do you have a will you need to challenge? Depending on the case at hand, you may need one of two types of probate attorneys.
You may need a transactional probate attorney if all you need is help with handling the administrative side of the probate. If, on the other hand, you need help with a probate lawsuit then you need to look for a probate law attorney.
Some probate attorneys are comfortable handling both areas mentioned above. However, before hiring one, there are a few things that you need to consider:
Which side of the probate do you want to be handled? Administrative or a lawsuit? Should the attorney be well-versed in both areas or will just one area do?
How complex is your case? Will you need to file tax returns?
How much experience does the potential attorney have? Does it matter?
Is money a factor? If so, are you comfortable with the attorney charging by the hour or a flat rate?
Should you get a local attorney or an out-of-state one? Does he/she have to be licensed to practice in more than one state?
Don’t forget about the certification. You want an attorney that is certified to handle your matter!
The above are just a few questions you can ask yourself when searching for an ideal probate law attorney.
How to find a good probate law attorney
Referrals from people you know
Referrals are one of the best ways to find good probate lawyers. Your friends and family may have used one or know someone who may have used one and got good results.
Referrals from other attorneys
If you have an attorney you know or if someone you know has a good attorney that they know then chances are high that that attorney may know of a probate law attorney.
An internet search
Gone are the days when you would have to look through a thick phone book to find service providers. Start by searching for probate lawyers in your area and zero down on the ones with good reviews (if any). Check out listings, online locator services, or directories for the same.
Check out the state bar association
The state bar association is one of the best places to search for a competent attorney. That being said though, you need to do your due diligence to ensure that the attorney you get is the right fit for your case.
Advertisements
Some attorneys may advertise on the radio, TV, or in print about their services. You may consider finding one from these platforms. But, remember to find out how competent they are before handing over your case!
Check out the local probate court
This route is especially practical if you live in a small community. The court clerk may be in a position to point you in the right direction.
Ask your accountant or financial advisor
It is possible for your accountant or financial advisor to point you in the right direction and he/she may be in the know of a good probate attorney.
Important questions to ask your attorney
Now that you have an idea of the attorney you should opt for, there are a few questions you should ask when you meet the attorney for the first time.
Level of experience:
You should ask about their experience. How many such cases they have handled or handle in any given year. This should tell you how busy or sought after the attorneys are. Bear in mind though that this should not be your determining factor as the lawyer may handle many cases and still not be the right fit for you!
Payment Structure:
It is important to find out just how much you will be paying and how you will be paying your attorney. Will you be paying by the hour or will there be a flat fee? This should give you an idea of how much you may be spending on your case.
Ask for references:
By asking for references, you will have the chance to ask previous clients about how their case was handled and whether or not they recommend the said attorney.
Don’t forget the retainer agreement
If you decide on a given attorney, you should not forget about asking for a copy of the retainer’s agreement. Take a look at it and if need be, ask where you don’t understand so you have a clear idea of what you are getting yourself into.
And remember, no question is too “silly” to ask!
That question that you think is too “silly” to ask maybe just the question you needed to ask to ensure that you have the right fit for your case! Of course, the questions should be concerning your case and how you wish to be presented. For example, you can ask if the attorney will handle the case alone or if other staff members may be involved. You can also ask how the attorney will go about handling your case and whether or not there are potential problems you need to be aware of down the road.
What to look out for
It is important to find an attorney that will communicate with you and help you with your case. Do you understand what the attorney is saying or are you left puzzled every time he/she opens their mouth to talk? Are you left scratching your head every time you ask for explanations? Then perhaps he/she is not the right fit for you!
When meeting up for the first time, what is your gut feeling? Sometimes your gut may save you a lot of headaches down the road!
Conclusion
No matter how you get your attorney, you need to do your due diligence to ensure that you have the right fit for your case. You don’t want to get a transactional attorney for example when your case calls for a probate law attorney!