Jan 26 2012

How Much to Hire a Probate Lawyer?

When you are looking to hire an estate probate lawyer, the first thing that may come to your mind is how much it is going to cost you. The problem is that this answer isn’t exactly black and white. Instead, there are a number of different factors that can come into play.

For example, the probate lawyer may have the ability charge you for billable hours. This is going to be the most common approach and usually, they are broken down into 15 minute increments. For example, if you have a telephone conversation that lasts 24 minutes, you will be charged for 30 minutes.

The other approach that is often taken in simple probates is a flat fee. When there is very little for an estate probate lawyer to do in a particular case and they deem it to be simple, they may charge a flat fee. However, you need to ensure that you know what these fees cover and when additional charges may come up. While they may not occur regularly, you should ensure that before you sign any items that you are aware of all fees that could be assessed.

Another factor that can influence the cost of a probate lawyer will be if the deceased has a will. In this will, the representative should be clearly listed and if it is, this will be a testate estate and no additional charges will be listed. However, in an intestate or a case where there is no will, the court will add additional charges for finding people and determining who ends up with what property. In this case, the lawyer will add these fees as part of their cost in this manner.

Keep this in mind when you are preparing to meet with an estate probate lawyer. This information can help you to get a better understanding of how much it can end up costing you in this process. Keep in mind that in addition to the costs of the probate lawyer, you will have additional taxes and fees that will not be covered in the cost of a lawyer. You should plan on these costs when you are going through this process as it may have a direct impact on the route that you choose to go to handle the legal process.

Nov 03 2011

Dealing With Estate Probate

When a loved one dies, it’s a very difficult time. It can seem overwhelming to have to deal with legal and estate administration matters.

Yet, if you are the executor of an estate, you must administrate the estate. The fact is that in many legal systems, the title of property and assets must be legally transferred from the deceased to the beneficiaries also called heirs.

In many jurisdictions, as an executor you can probate the estate on your own … without the aid of a lawyer. However, many people, especially when an estate has assets, choose to hire an estate probate lawyer to take over the probating process.

The probate process can be an involved process.

For starters, there can be a lot of paperwork to deal with. Much of the paperwork involves tracking down all the assets, including every account statement as well as dealing with any debts such as credit card debt, loans, etc.

If the deceased owned a business, the probate process can be more complex because there are issues dealing with the business ownership – whether the business was owned as sole proprietorship or via shares as a corporation.

In law, a corporation is a going concern, which means it continues when individual owners die. That said, the shares must be taken into account during an estate probate.

Other complex matters that may need addressing are taxation issues. Before an estate can be probated, taxes due and owing as well as all filings must be completed to the satisfaction of the tax authorities.

It’s true that some estates are much simpler than other estates. Regardless of the complexity, there are steps that must be taken when probating an estate and these steps are made easier by hiring an estate lawyer. Talk to an estate probate lawyer today if you’re dealing with an estate.