Someone you know has died and their estate must be probated. Or, you are unsure if there is anything you must do now that your spouse has died, so you begin the process of finding an attorney to advise you. How do you find an attorney who is best suited to assist you?
Probate is an area of practice that requires experience and knowledge in a combination of several areas of law such as real property, inheritance, intestate and testate succession laws, and elder law. In addition, a working knowledge and understanding of federal estate tax laws is a must for any decent probate practitioner. If your case will involve a dispute between beneficiaries or heirs, or a will contest, your chosen attorney should also be well versed in civil litigation.
The phone book is the last place you should look to find a probate attorney. Ask your friends, your boss, or any other person whose opinion you value. Call the clerk of the probate court at the county courthouse where you intend to file the probate. The clerk will usually give you a list of names of the attorneys the clerk sees day in, day out. Or, if your county’s court files are online, search the probate cases and look for frequently recurring names as the Petitioner’s attorney. Check the prospective attorney’s discipline record by performing a
Member Search on the Florida Bar's
website.
Next, schedule a consult appointment with your top choice. Usually, there is a minimal charge for a consult, and sometimes this is waived if you hire the attorney to do the probate. Ask up front if you need to use a credit card to pay the consult fee because some offices only accept cash or checks. Make sure to note your appointment time and date, and if you have a problem and need to reschedule, don't wait until the last second to do so, that is just rude and inconsiderate.
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Abraham Lincoln practiced
law for over 25 years |
Don't expect to speak to the attorney until your appointment time. As Abe Lincoln said "A lawyer's time and advice are his stock in trade." Expecting legal advice over the phone is unrealistic and unfair. Look at it this way: it is like going through the drive through and ordering a burger and fries, getting the food, and making an appointment to come back in a week to pay for it. Who does that? No one.
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Honest Abe Rocking
the Doctor Who |
And the lawyer does not owe you anything just because they are a lawyer. Law school was not exactly fun, and most of us are still paying for it. If you are calling an attorney that makes so much money he should be happy to give you free advice, what are you doing? There are plenty of good attorneys in every town who charge reasonable fees for their services. Why are you calling the most expensive one in town anyway? If you are, then you can probably afford to pay! Ah, the never ending paradox.
Once you make an appointment, try to make the most of it by coming prepared with as much information as possible. Your attorney needs this information to determine the type of probate to file and when to file it, as well as a myriad of other decisions that influence the direction you and your attorney ultimately decide to take.
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I think what most people want when they come to see me for a probate, more than anything else, is a sense of resolution, of purpose and direction. A goal, if you will. The death of someone you know well enough to need to probate their estate is never pleasant, and the practical aftermath can be a confusing morass of legal jargon and paperwork. Unfamiliar paperwork is never fun to deal with, even in the best of times. So arm yourself with information. This is my
Checklist.
Make a list of questions. Go through all of the questions on your list with the attorney until you understand the answer to all of them. Most attorneys will “interview” you about the deceased's assets and liabilities, and testamentary documents (like a will or a trust) as a way to assess the type of probate required. This is why it is important to come to the consultation prepared; the more information you have with you, the better informed your attorney will be and an informed decision is rarely a bad thing.
Ask for a basic explanation of the process and what to expect along the way. Make sure you completely understand the attorney's fee structure, when and how the fee will be paid, and what expenses to expect and when/how those will be paid.
Pay attention to the office, the staff, and the general atmosphere if your appointment is in person. If you are doing business over the phone, the staff should already have prepared you for how the consult will be conducted. Either way, if the office is a mess, the staff is surly, or you just don't feel comfortable with the lawyer, pay the consult fee and keep looking.
Julie
My Website
Copyright 2012 Julie Ann Sombathy All Rights Reserved
If the decedent's name was on the title alone, and he or she left a Will, and the Will leaves all personal property to you, leaves the car specifically to you, or simply leaves everything to you (“all of the rest, residue and remainder” or similar wording) take the original title, original Will and a certified copy of the death certificate to the tax collector’s office and they will help you change the title. If the Will has already been deposited with the Clerk of Court, take a certified copy of the Will. Just go to the courthouse and ask for the probate clerk and he or she will be able to make you one.
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