Whether it’s estate planning or going through the probate process for asset division, having a lawyer is something you need to get through tedious processes. Here are some series of questions you should ask your probate lawyer.
What Is Their Experience?
This is probably the most important question you need to ask your probate lawyer, even if you did the entire spiel of going through reviews and checking client feedback on the particular lawyer you’re going for.
Once you’re in person with a probate lawyer, you want to go through the experience department first. It should be light and conversational, instead of making it feel like an interview.
Since you’re going to be paying the lawyer, you naturally want to ensure that you got the best of the best from the lot and that your case is in safe hands. There’s nothing more frustrating than having to deal with amateurs where the law is concerned.
How Much Do They Charge?
Speaking of money that you’re going to pay the lawyer, this is also another good starter question to get the ball rolling and to get to know the lawyer.
Some people can be very touchy when the subject of money comes and they just prefer not to hash over it and just go with the flow and see what happens in the end, but that’s not what you want to do. You shouldn’t be ashamed of bringing up prices and hourly rates of the lawyer, because that’s the foundation for any lawyer and client relationship.
If the rates are too much for you, then you can simply find another one that fits your budget bracket. It’s better to deal with this now than to get slapped in the face with a hefty bill in the end, that you can’t even pay.
How Do They Handle The Probate Case?
This is also another important question that can make you understand how the lawyer operates and how he/she works. There’s nothing more frustrating than not having an idea how your lawyer works and goes about things, so you must get over this hump too, and figure out the approach in which the lawyer will tackle the matter at hand.
This also gives you an insight into how you should start the process and how it can be wrapped up in the best of ways.
What Are The Common Reasons For Potential Delays?
Probate processes and asset divisions are anything but pretty. There is a lot of drama, either from the beginning or something is simmering after some time has passed. What you want to ask your lawyer are potential delays that you should avoid to make the process go by smoothly. This has two benefits.
First, this will give you an idea about whether the lawyer in question even has experience working with difficult clients or unnecessary drama, and second, you’ll find a path that is essentially free of roadblocks and you can get done with the process in no time at all.
The probate process also depends on how well the estate planning was done. So, if someone living is considering estate planning, they should consult a wills and trust attorney to take care of things so the probate process after their demise is easier for the beneficiaries and the executor.
Who Will Work On The Case?
If you didn’t know this already, there is a team of lawyers working on different cases and if your case is something that a lawyer can’t cover, either because they don’t have the time or they’re simply not experienced enough, you will be referred to another lawyer. However, this news isn’t communicated well enough.
Therefore, it’s up to you to ensure that you know what lawyer you will be working with because it’s hard to remember an army of lawyers trying to help you with your case. So, be clear in the first meeting and ask the lawyer straight up, if you’re being referred to another lawyer. That will make everything go by smoothly.
What Is Expected In A Probate Process?
Since you don’t know what goes down in a probate process and what happens in a probate court, it’s better to ask this question from the big guys who know what happens in these processes and what can the client expect. Assuming that it’s your first time going through a probate process, you must ask this question straight away.
Your lawyer will be happy to run you through the steps in the simplest of ways, and that’s going to give you an idea about what to expect in a probate process.
How To Handle Creditors?
If you’re left with assets that aren’t cleared in dues and some taxes are left to be paid, then creditors can give you a nightmare for this. This is why you must talk things out with the lawyer about this matter too. You want the lawyer to draw up a plan that states that you’re attaining liquidity of the assets and that the creditors will be handled in due time.
This is important and this step is not to be missed, otherwise, you’ll be surrounded by lawsuits and complaints for years to come.
What Does An Executor Do?
If you’re a born researcher and you have done a bit of digging on what happens in a probate process, then you might have seen the word “executor” pop up a lot. You might also not have an idea of who this person is and what their job is.
Well, this is where a lawyer can help you out. An executor is an integral part of a probate process because they’re pretty much in charge of the assets and they have to ensure that, before asset division, all of the debts and dues of the owner are dealt with and that there aren’t any hiccups along the way.
How Long Does A Probate Process Take?
This is also another important question to ask because time is of the essence in these legal cases. Since you are paying by the clock, you want to ensure that everything goes by smoothly and that there aren’t any unnecessary delays.
So, it’s important to ask your lawyer about the time frame of a probate process and how much time it takes for the probate process to wrap up. Now, the time given by the lawyer isn’t set in stone, but it does give you an idea as to how long it takes, give or take a few weeks or months.
What Will Be The Mode Of Communication?
Driving to the lawyer’s office or meeting up can be hard, especially if it’s frequent and if you don’t have the time to do so. So, once all of the things are settled and you know that this is the lawyer you want, then you need to make a clear line of communication between you two.
It can either be through weekly or bi-monthly meetings, calls, emails, and even in-person meetings to catch you up with whatever has happened. This will make things so much easier.
Conclusion
A Q&A session with your probate lawyer can be educational, informative, and eye-opening for you, as a client and a newbie in the world of all things law. These questions will guide you through the probate process. Moreover, these questions will also guide you in choosing the right probate attorney.