A recent study by Caring.com reveals that two-thirds of American adults have no will. SaaS company Vanilla also reports that over a third (35%) of US adults say they or someone they know have experienced familial conflict because of a lack of estate planning.
The number of people in the US with no will is concerning, because experts predict that in the next few decades, it’s estimated that $84.4 trillion worth of assets will be transferred through estates.
According to Santa Ana probate lawyer Christopher P. Walker, dealing with probate can be overwhelming, but working with an expert can make the process easier. If you are an heir, probate attorneys can help ensure that your loved ones’ wishes are carried out in regards to their assets.
Before hiring a probate attorney, there are important questions you need to ask to help you in your decision-making process.
Experience and Expertise
When choosing a probate attorney, it’s important to consider their level of experience and expertise in handling probate cases. You want someone who’s been through the process multiple times and knows exactly what to expect.
An experienced probate attorney will have a deep understanding of probate laws and regulations. For instance, if you’re dealing with probate in Texas, understanding how debts are handled is essential, as is knowing that there are Texas debt relief laws that you can utilize.
Expertise is another important factor to consider. You want a probate attorney who specializes in this area of law and has a proven track record of success. He or she should have comprehensive knowledge of probate procedures and be able to provide you with expert advice and guidance. throughout the entire process.
An attorney with both experience and expertise will be able to anticipate potential roadblocks and find creative solutions to overcome them. He or she will also be able to handle any unexpected challenges that may arise during the probate process.
Fee Structure and Billing
When hiring a probate attorney, it’s essential to understand how they charge for their services and how they handle billing and fairness throughout the process.
Inquire about the attorney’s fee structure. Some probate attorneys charge an hourly rate, while others may have a flat fee for their services. Clarify how much you’ll be charged and what services are included in the fee for transparency. Ask if there are any additional costs or expenses that may be incurred during the probate process and that you’re being billed accurately.
Discuss any payment arrangements or options that the attorney offers. Some attorneys may require an upfront retainer, while others may allow for payment plans. Understanding the payment terms will help you plan financially and avoid any unexpected financial burdens.
Communication and Availability
You should inquire about the attorney’s availability and whether they’ll be able to respond to your calls or emails promptly. When dealing with legal matters, clear and timely communication is crucial.
It’s also important to ask how they prefer to communicate—whether it’s through phone calls, emails, or in-person meetings. Understanding their preferred method of communication will help you establish effective lines of contact.
You should inquire about the attorney’s workload and whether they’ve got any upcoming commitments that may affect their availability. This will give you an idea of their ability to dedicate time and attention to your case. Ask if there’s a team of support staff who can assist you in case the attorney isn’t available.
During the initial consultation, make sure to discuss how often you can expect updates on your case and how the attorney plans to keep you informed throughout the probate process. It’s important to have a clear understanding of how and when you’ll receive updates, so you can stay informed and involved.
Case Strategy and Approach
Discuss with the probate attorney what their approach and strategy for handling your case will be. Understanding how they plan to approach your case is crucial in ensuring that your interests are properly represented. Ask them about the specific steps they’ll take to navigate the probate process and how they plan to address any potential challenges that may arise.
Inquire about any alternative dispute resolution methods they may suggest. Probate cases can sometimes become contentious, and it’s helpful to know if the attorney is open to exploring settlement options or mediation to avoid court litigation.
Client References and Testimonials
As you continue your discussion with the probate attorney about their case strategy and approach, another important aspect to consider is their client references and testimonials.
When asking for client references, make sure to inquire about cases similar to yours. This will give you a better understanding of the attorney’s experience and expertise in handling situations similar to yours.
It’s advisable to reach out to these references and ask specific questions regarding their experience working with the attorney. Inquire about the attorney’s communication style, responsiveness, and ability to explain complex legal matters in a clear and understandable manner.
Testimonials can also be a valuable resource in determining the attorney’s competency. Look for testimonials that highlight the attorney’s knowledge, empathy, and dedication to their clients’ needs.
Conclusion
When you’re looking for a probate attorney, it’s important to ask the right questions. Make sure to inquire about their experience and expertise in the field, understand their fee structure and assess their communication and availability.
Asking the right questions will help you find the best probate attorney for your situation.
