You’ve finally come to the conclusion that you will be retaining the services of a legal professional to help you manage the estate of a dear departed family member.
Now comes the next question – how do you select the right legal professional for your needs?
Certainly, there are a lot of qualified and highly professional probate attorneys out there. Many come highly recommended. So how do you select the right one for you?
A good probate attorney does a lot more than assisting you in preparing and filing documents and helping you to understand and navigate court processes. They will also serve as your guide to any complexities or disputes that might arise.
Essentially, they will be there with you until probate closes and you are released from your obligations as a personal representative.
So right from the very beginning, it might be a worthwhile exercise to stop for a moment and think about what kind of legal professional would best fit your needs.
The Proximity Test
If you are living outside of California, for instance, in Nevada, it might make sense to utilize the services of a Nevada lawyer. Or say you are living in Los Angeles and are familiar with a few LA lawyers. But the probate will be held in Sacramento. The decedent resided in Sacramento while he lived, and his properties are also located there.
Practicality dictates that you select a probate attorney who holds office near the venue of the probate proceedings.
A local would have better familiarity with the workings of the resident probate court – e.g., e-filing requirements, formatting requirements for notices, courtroom practices, procedures for remote appearances, or familiarity with local court personnel for easier coordination of scheduling changes or court availability.
In addition, the costs and travel time that the probate attorney would need to expend would be considerably less if they are located within the same county. Granted, the fees of the probate attorney are shouldered by the estate, but it would certainly be an unnecessary expenditure if you elect to retain an attorney that has to travel several hours to and from court for each hearing.
Pay Attention to Referrals and Reviews
Personal referrals are often a good starting point for locating a reliable probate attorney. Ask around – maybe a friend or a distant family member recently had occasion to use the services of one. Do they come highly recommended? Or does your family or friend think otherwise? If so, why?
If your starting point is an online search instead, pay attention to reviews, if they have any. Check their website – does their online content help to answer some of your questions? Granted maybe some reviews are not entirely reliable, and knowing someone from their website is not really the same as knowing them in person.
So, schedule an interview. As with any other professional you hire, it is always best to suspend judgment until after you have sat down with the attorney and had a conversation with them.
Empathy and Communication Style
Probate typically happens during a period of grief and stress for the personal representative. You have just lost someone you cared for. And it is likely that the entire probate process will be just as fraught with stress and uncertainty.
For this reason, more than their technical expertise, it is good to find a probate attorney whose empathy and communication style provides you with a calm and supportive environment that does not detract from their efficiency and professionalism.
This might be a hard thing to detect. So come to your consultation prepared with questions. Are you able to express yourself fully and without feeling rushed or overwhelmed? Does the legal professional empathize with your concerns, and yet are able to provide a complete and responsive answer? Are they willing to explain complex legal concepts in clear terms you can understand? Are they patient with you when you try to communicate your own uncertainties and or confusion?
The best professionals are those who can demonstrate empathy and understanding, and yet who also provide a good structure within which legal problems or questions can be dealt with effectively.
When you leave your initial consultation or interview, more than the relief you feel at having been able to express yourself, did you gain better clarity and understanding about your legal dilemma? Would you be comfortable in leaving things at the hands of the probate attorney and feel confident that things will get done?
Technical Expertise
Some probate proceedings are more complicated than others – and you may have some specific issue or question that you would like to clarify. For instance:
- How to handle will contests?
- How to handle aggressive creditors?
- How do I best help the surviving family of the decedent?
- I think the estate may be considered a small estate – what assets would not be included in probate?
- Can I transfer some properties directly without going through probate?
- I need help preserving certain properties that are in danger of loss or depreciation.
This is why it is a good idea to come to your consultation or initial interview prepared. You will want to ask the probate attorney any questions unique to your circumstances. It is also a good way to test the probate attorney’s familiarity with probate law.
After such a discussion, do you feel confident that the probate attorney will be able to handle your legal situation effectively? Do you have a better understanding of the laws and rules specific to your situation?
Commitment to Your Protection
One of the biggest reasons for a personal representative to retain the services of a probate attorney is to ensure that they do not unnecessarily expose themselves to risk. Serving as the personal representative of an estate is a fiduciary responsibility, and a mistake or lack of foresight can land you in troubled waters. Either you might incur personal liability, or you might unwittingly expose the estate assets to unnecessary loss, destruction or depreciation.
A reliable probate attorney will help safeguard you against these risks. They will ensure that all deadlines are met, all requirements complied with, and that the estate will be administered in the best way possible, in full compliance with law.
Additionally, the probate attorney will be fully transparent about their fees, and any costs they may incur in the delivery of their services. Are they able to explain the difference between ordinary and extraordinary fees? Do you feel better informed and more at ease after your consultation?
Conclusion
The relationship between a lawyer and client is one of trust and confidence. While it might be difficult to decide whether a probate attorney is suited for your needs – there are certain factors you can look at as you make your decision.
Choose someone with strong local knowledge and advantageous proximity to the probate courts. Do they have proven experience, technical skill for your specific situation, and a compassionate and supportive approach?
We cannot make your decision for you, but we are also open to sitting down with you for a consultation. Reach out to us today and let us know what you need.