Hiring a Probate and Estate Lawyer

When a relative or someone close to you dies, you need to hire a good probate and estate lawyer to help you wrap up that person's estate. If the said individual has left behind a will, then the hired counsel needs to review the will to ensure the will wasn't signed or written under duress (or against the best interests of the individual). Old people especially with dementia, for example, may be susceptible to unwarranted influence by individuals who want a cut of the wealth.

There is Debt and the Estate Doesn’t Have Enough Money to Pay It

If the estate has enough money to cover all its bills, you can likely simply write checks to settle its debts. On the other hand, if the estate’s debts exceed its assets, you probably want to hire a lawyer to help you determine which debts you legally must pay and how to address the remaining obligations. When an estate has sufficient funds to pay outstanding debts, most executors should be able to handle the work. However, if the estate doesn’t, executors should seek advice from a lawyer to help with decisions on which debts to pay. The law gives certain creditors priority, so an attorney can advise on who should be paid first.

A Lot of Infighting from Immediate Family Members

The heirs are constantly fighting. Unhappy family members may decide they are dissatisfied with how an estate is being administered and contest the will. If nobody objects to the administration of the estate, you might be able to wrap things up easily. If surviving family members are unhappy, though, they might file a legal action requesting a court to intervene. If that happens, you probably want to hire a probate lawyer to represent the best interests of the estate. Family fights can cause loss of large sums of money from the estate, so retaining the services of an attorney could help resolve issues, protect funds and avoid court battles.

There is a Business Which is Part of the Estate

The estate owns a business and it is part of the assets. If the estate contains a business, a probate and estate lawyer annapolis md may need to provide professional guidance on managing, transferring or selling the business. Wrapping up a business is significantly more complicated than merely settling an estate. As such, if the estate owns a business or an interest in a company, you likely want to hire an experienced probate attorney to help you execute the estate. Executors can handle estate assets such as a house, bank accounts and personal items without legal advice.


While there are many instances in which you probably need the counsel of a probate and estate lawyer, if you experience any of these three situations, you will know to seek professional assistance. Contact a law firm to find the right probate lawyer for your case.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com

Probate and Estate Lawyer: Easy Steps in Finding One

Choosing a probate lawyer is an important decision to be made by the personal representative of a deceased person’s estate. The probate lawyer has the duty to advise the personal representative of the estate on how to settle the deceased person’s affairs. A probate lawyer can be hired by the executor, beneficiary, or administrator (collectively “personal representative”) of the deceased person’s estate. Finally, a probate lawyer has the responsibility of advising the personal representative through the entire probate process from start to finish. Let’s follow these steps below.

Contact the local bar association where you live. The Virginia Bar Association to which I belong maintains lists of lawyers who handle various kinds of cases, including estates.

Ask trusted advisors, such as your insurance agent, financial advisor, or accountant. Most financial services professionals network with other professionals in order to provide value-added services and generate referrals.

Engage a lawyer who is recognized as a specialist in estate law. You do not want "a Jack of all trades and a master of none." In Virginia, the State Bar Association certifies lawyers as specialists in various areas, including the areas of Estate and Probate. To find a probate and estate lawyer specialist you can contact the website of American College of Trust and Estate Counsel. You can also check for such resources on local lawyers by using a lawyer directory.

Be a wise consumer of legal services. Interview several lawyers before choosing one. Question the lawyer about his or her credentials, experience, staff, and timeline for working on and finishing your case. Look for a lawyer who sensitively listens to you, candidly answers your questions, encourages collaboration, and considers you a member of the legal team.

Before you hire a lawyer, have a frank discussion about fees, including how and when the lawyer sends bills. Probate and estate lawyers usually charge either an hourly rate or a percentage of the assets in the estate. An hourly rate will generally be more appropriate for your case. Do not engage a lawyer who is ambiguous about fees. Insist upon a written fee agreement before the lawyer starts on your case. Resist the urge to let your lawyer-friend who knows little about estate issues handle the case because he or she wants to help and may be cheap or free. Remember, you get what you pay for!

Don’t delay on your decisions! After you have made a choice, immediately let the probate and estate lawyer annapolis md work the case. Once you have decided upon the lawyer with whom you want to work, consider the following:

If your loved one died as a result of the negligent or intentional behavior of another person, you may have only one year from the date of your loved one's death to file a lawsuit against the perpetrator. Also, if you are a surviving spouse and your loved one died without a will, there may be limitations periods on the property rights that you can claim as a surviving spouse. Finally, although most states no longer have estate or inheritance taxes, a few states still do; you do not want to incur penalties and interest by not filing the estate or inheritance tax returns on time.

Wise & Donahue PLC

410-280-2023

18 West Street Annapolis, MD 21401

www.wisedonahue.com