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11 May, 2015 by Anonymous
Your first meeting will run smoothly with lots of promises, but after that beware. He charges a lot for no work. Seven months I waited for a conclusion of estate planning with no concrete plan in hand. Despite constant calls and emails (which he did not return) I finally had to find another attorney. After having the file sent to my new attorney it turned out that he did absolutely nothing on my estate plan. With the exception of the initial "chart" laying out the estate plan, which took him 4 months to generate, the rest of the file was empty. I should have asked for regular detailed documentation showing me what he had completed and what he was charging me for, but did not think an attorney would do what he did. When I was able to connect with him, usually by a phone call catching him at his desk, he was always reassuring me that he was working on everything. Then he up and left the company without finishing my estate plan or even informing me that he was leaving. He had plenty of time to finish the plan in the 7 months, even if I had continually gone back for changes. I now have to completely start the process all over again.
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05 Sep, 2017 by Anonymous
We decided to hire her to handle my immigration case and it was the worst decision ever made. This lawyer is so unprofessional and extremely rude. She never answers the phone. Only on rare occasions she called me back, but with very unprofessional manners. I once simply ask her for a receipt of my payment for her service and she told me I didn't pay her in cash so she wouldn't have a receipt which was a big lie. I paid her cash and even offer some extra money right in her office just to rush the process and she denied it. And when USCIS sent notices about my case to her, she didn't even bother to notify or send the notices to me whatsoever. Only until I found out by checking my case status online, she then email me the notices with an unpleasant tone which caused me to respond to UCIS after the deadline. Which cause a delay for my case.
This lawyer is out of hand. All she wants is your money without providing the services you're paying for. She will never get anything done. So please do not consider hiring her because you will never get anything done.
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02 Aug, 2017 by Anonymous
PA stated the case was too big for her to handle. Stated insurance company is a big company and the offer is too small. Questioned PA if she would like to drop the case. If we could have the case withdrawn from her. PA stated if we want to withdraw case, no problem. She will do so and hand over files. PA or attorney did not give us notice that she will be claiming a charging lien out of any settlement proceeds we may recover. No documents were signed by us in agreement to withdrawal of case. PA without our consent or documented agreement, notified Insurance company that they no longer represent us We received a call from insurance company, advising us that they have received a letter from attorney stating they no longer represent us. Attorney did not notify or inform us that they will contact the insurance company before or after sending a withdrawal letter. We had meeting at a local public location, PA handed over copy of file and stated she has withdrawn from case. Attorney never allowed us to meet her at her office. Even when we insisted to meet at office. PA still did not inform us that a lien is on the case until we asked and read documents handed over recently. No form of notification was done. No email, no letter, no call, nothing to let us know a lien will be placed on the case. What influenced us to suggest attorney to let go of case is due to the statement PA made, that the case is too hard for her, which drew a concern for us. Also, the check issued from the first case was disburse unethically. The check was written improperly which raised an alert. It took time to have the check reissued and PA became irate, disrespectful, and blamed everything on attorney. In During this time, attorney was out of town as told by the PA. PA stated she couldn't do nothing about the check till the attorney returns and hopefully she does. PA never notified us of the arrival of the attorney as she sated she would.
After discussed with PA recently at the same location, to go ahead with case, she stated she does not want to handle our case anymore and it is up the the attorney to make decision on what to do. PA called attorney over the phone. Attorney advised she will not discuss anything if she is on speaker phone. That we should all sit in the office to discuss or she will discuss with PA at a later time and get back with us later in the day. Attorney stated at the moment she cannot make any decisions now that is is currently handling a case and cannot think straight. Attorney stated she will contact us and make an appointment to meet and discuss with us to go over case. Later in the day till the end of day, attorney never reached out to us, PA never reached out to us. We reached out to attorney recently via text, and her reply was, "after discussing with her PA and what her PA had to say, she thinks its best that we find another attorney for the second case. We then asked, "does this mean you will release the lien from the case"? Attorney responded stated, "no, because you fired us a and called my PA a liar". Please I advise do not hire this lawyer for any services. She has a PA that pretend to be the lawyer. She deliberately wrote my check with scratches so I won't cash it. Then took long to reissue my check. Her PA even hung on me, spoke badly to me and attorney does not want to remove lien on my second case she dropped. They are disrespectful, greedy and do not keep to their words and what they initially say they will do.
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19 Jul, 2016 by Anonymous
Tôi mướn luật sư Hạnh và rất hối hận về điều này. Luật sư không những không chân thành giúp đỡ, mà cách nói chuyện với khách hàng vô cùng không chuyên nghiệp. Tôi trả tiền nhưng case của tôi vượt thời hạn, trong khi đó tôi không liên lạc được luật sư. Luật sư Hạnh không cho tối biết tin tức về trường hợp của tôi, sau nhiều lần điện thoại được thì trở nên gắt gỏng. Những người tôi quen có mướn văn phòng này đều phàn nàn hệt như tôi và tìm người khác có khả năng hơn. Xin mọi người đừng tìm luật sư này vì cô ấy là người Việt. Người Việt không giúp nhau thì thôi,đằng này lại còn làm cho nhau thiêt thòi. Trường hợp của tôi suýt bị hủy vì tin lầm văn phòng này. Thành thật khuyên mọi người đừng tốn tiền và tốn thời gian vào nơi đây. Với tư cách là luật sư,là người hiểu biết và lấy tiền khách hàng, nhưng lại không làm được những gì hứa hẹn và còn lên tiếng với khách hàng. Tôi ở Mỹ lâu rồi mà lần đầu mới thấy một người làm trong môi trường chuyên nghiệp ứng xử như thế. Tôi rất thất vọng và bức xúc. Tôi viết những dòng này để bạn xem xét và tìm hiểu trước khi tốn tiền và thời gian vào nơi đây. Chúc may mắn.
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18 Jun, 2014 by Kathy
Mr Thomas was MIA after the initial probate. He did not file the proper papers and left me with a citation to appear in court to explain why I had not fulfilled my duties without proper representation. He also did not give proper information to the client before she died to file out the proper forms to have estate dispersed as she wanted. I would not recommend him to anyone.
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23 Oct, 2013 by Anonymous
He may be good at other things he does like pushing paperwork, but as an advocate and as a defender he's not a good choice for an attorney. He was hired to defend me in a harassment suit and quit in the middle leaving me without representation and exposed legally. His reason for not continuing, "I don't want to be involved in a high profile case".
Beyond that, he never returned called, emailed me back, etc. in a timely manner and was quite unpleasant and near rude in some instances. I paid him in full but not without resentment for his shoddy work.
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30 Aug, 2012 by Anonymous
He does not return calls and many many times does not answer calls. He rarely answers emails and seems to always have excuses as to why he has not done this or that in a timely manner. It took him more than 5 months to file my suit and then we sat at square 1 for months and months while he procrastination and continued to not communicate. He continued to ask for more money and did not ever give me an invoice of any kind. My case had to be moved out of state and he was to find an attorney in that state, and he asked for even more money to pay the new attorney and for himself, yet after 2 months he still had done nothing about hiring the out of state attorney. Instead all I got was excuses that he had been ill, his wife had been ill , his computer was giving him problems and on and on. I fired him, asked for a return of the money I sent him for the out of state attorney and for the extra he wanted for himself. I had to fire him via phone message and email. I have not heard back from him. Save yourself grief and pass this attorney up. He wasted my time and charged me many thousands of dollars. I have never dealt with an attorney who drug his feet and was so hard to contact as this man.
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22 Dec, 2020 by Anonymous
I tried to contract Mr Marx to make some modifications to HOA documents originally written by Mr Marx a few years ago. Spoke to Mr Marx on the phone in May, it, due to Mr Marx slow responses and some research we had to do, it took until July to get the engagement letter signed. From then, it took until end of August (a month and a half) to get instructions to provide a retainer and another 2 weeks to remind Mr Marx what the needed edits to the document were. After not receiving any communication for another 2 months, neither to acknowledge receipt of the retainer nor any progress updates on the contracted work, I asked for the retainer back. Mr Marx acknowledged the request for the refund within 2 days. When The refund was not received 30 days later, I sent another email reminder. No response. Sent a 3rd reminder 2 weeks after that. Finally got a phone call from the office asking for my address, which they have from all the communication, and act all surprised why I'm not in the mood for friendly chit-chat after not getting any work done in 7 months.
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FAQs
Questions? We have answers
What a Probate Lawyer Can Do for You
A probate lawyer assists with the legal process of administering a deceased person’s estate. This often involves guiding executors (if a will exists) or beneficiaries (if no will exists) through the probate process to settle the estate according to the deceased’s wishes or applicable laws. Probate lawyers can help validate the will, distribute assets, resolve disputes among heirs, handle outstanding debts or taxes, and ensure the estate is legally and efficiently administered.
Whether you’re an executor of an estate or an heir facing probate proceedings, a probate lawyer can help you navigate the often-complex legal process to ensure the estate is settled correctly.
When Should I Hire a Probate Lawyer?
You should consider hiring a probate lawyer when you are responsible for managing the estate of a deceased individual, especially in the following situations:
- The estate has substantial assets: If the estate includes significant assets like real estate, investments, or business interests, legal assistance is often necessary to handle the distribution properly.
- The will is being contested: If there are disputes among heirs regarding the validity of the will or the division of assets, a probate lawyer can help resolve the conflict.
- The estate includes complex or unclear provisions: If the will contains complicated instructions or there are no clear beneficiaries, a lawyer can ensure that the estate is administered according to legal requirements.
- There is no will (intestate estate): When a person dies without a will, the estate is subject to intestacy laws, which determine how assets are distributed. A probate lawyer can help navigate this process.
- Debt or tax issues exist: If the estate owes significant debts or is subject to estate taxes, a probate lawyer can help ensure debts are paid appropriately and taxes are minimized.
- Probate disputes: If family members or other parties are disputing the distribution of assets or challenging the executor's actions, legal representation is crucial to defending your rights and ensuring the estate is handled properly.
Hiring a probate lawyer early in the process can help avoid costly mistakes and ensure the estate is settled efficiently.
What Does a Probate Lawyer Do?
A probate lawyer provides a wide range of legal services to help manage and settle an estate. Their tasks can include:
- Validating the will: Filing the will with the probate court and ensuring its legal validity.
- Guiding executors or administrators: Advising the person responsible for managing the estate on their duties, including inventorying assets, notifying creditors, and paying debts.
- Filing necessary paperwork: Preparing and submitting the legal documents required to initiate and complete the probate process.
- Resolving disputes: Mediating or litigating disputes among heirs or between beneficiaries and executors, including challenges to the will or disagreements over asset distribution.
- Handling debt and tax matters: Ensuring that outstanding debts, taxes, and estate taxes are properly calculated and paid from the estate’s assets.
- Distributing assets: Ensuring that assets are distributed to the beneficiaries according to the will or intestacy laws, and that all legal requirements are fulfilled.
- Closing the estate: Completing the final steps of the probate process, including filing a final accounting with the court and formally closing the estate.
How Are Probate Lawyers Paid?
Probate lawyers typically charge for their services based on the complexity of the estate and the nature of the legal work involved. Common payment structures include:
- Hourly rate: Most probate lawyers charge by the hour, with rates depending on the lawyer’s experience and the complexity of the estate. Hourly rates can range from $150 to $500 or more.
- Flat fee: For simple estates or straightforward probate tasks, some lawyers may charge a flat fee that covers all of the necessary legal work.
- Percentage of the estate: In some states, probate lawyers are allowed to charge a percentage of the estate's value as their fee. This percentage typically ranges from 2% to 5%, depending on the size of the estate and state regulations.
- Retainer fee: Some lawyers may require an upfront retainer fee, which is billed against as the probate process progresses.
It’s important to clarify the fee structure during your initial consultation to understand how you will be charged and avoid unexpected costs.
How Much Does a Probate Lawyer Cost?
The cost of hiring a probate lawyer depends on several factors, including the complexity of the estate, the type of legal issues involved, and the lawyer’s fee structure. General cost estimates include:
- Simple estates: For estates with straightforward assets and no disputes, probate legal fees can range from $2,500 to $10,000, depending on the lawyer's fees and the state's probate laws.
- Complex estates: For larger or more complicated estates with multiple properties, business interests, or disputes, probate costs can exceed $10,000 and may reach $20,000 or more.
- Hourly rates: If charged by the hour, expect rates between $150 and $500, depending on the lawyer’s expertise and geographic location.
- Percentage fees: In some cases, a probate lawyer may charge 2% to 5% of the estate’s value, particularly for larger estates or those involving complex legal matters.
Always ask for a clear estimate of fees during your initial consultation to understand the total cost of probate representation.
Top Questions to Ask a Probate Lawyer
Before hiring a probate lawyer, it’s essential to ask the right questions to ensure you’re hiring someone qualified to handle your estate needs. Key questions include:
-
What experience do you have with probate cases like mine?
Ensure the lawyer has experience with estates of similar complexity, especially if disputes or high-value assets are involved. -
How do you charge for your services?
Ask whether the lawyer charges an hourly rate, a flat fee, or a percentage of the estate, and request a cost estimate. -
What is the likely timeline for my probate case?
While it’s hard to predict exactly, an experienced lawyer can give you a general idea of how long the probate process may take based on the specifics of your estate. -
What steps will you take to manage and distribute the estate?
Ask about the lawyer’s approach to handling debts, taxes, and asset distribution. -
Will you be handling my case personally?
In larger firms, junior attorneys or paralegals may handle some aspects of your case, so it’s important to know who will be working on your probate case. -
What are potential challenges we may face?
A good lawyer will be able to anticipate possible issues, such as will contests or creditor claims, and explain how they would handle them.
How to Check the Credibility of a Probate Lawyer
To ensure you’re hiring a reputable probate lawyer, follow these steps to check their credentials and experience:
- Verify their state bar status: Check with your state’s bar association to confirm the lawyer is licensed to practice and has no history of disciplinary action.
- Look for probate experience: Review the lawyer’s website or professional profile to ensure they specialize in probate law and have experience handling estates of similar complexity.
- Read client reviews and testimonials: Look for online reviews on platforms like Avvo or Martindale-Hubbell to see what past clients have said about the lawyer’s probate experience.
- Ask for references: A credible lawyer should be able to provide references from past clients who can vouch for their professionalism and expertise in handling probate matters.
- Look for membership in professional organizations: Membership in organizations like the American Academy of Estate Planning Attorneys (AAEPA) or the National Academy of Elder Law Attorneys (NAELA) can indicate a lawyer's commitment to estate and probate law.
What Should I Prepare for My First Consultation?
To make the most out of your first consultation with a probate lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:
- A copy of the will or trust (if applicable): Bring any estate planning documents left by the deceased, including wills, trusts, or powers of attorney.
- List of assets and debts: Prepare a detailed list of the deceased’s assets (e.g., real estate, bank accounts, investments) and outstanding debts (e.g., loans, mortgages, credit cards).
- Death certificate: Bring a certified copy of the deceased person’s death certificate.
- Contact information for heirs and beneficiaries: Have a list of all individuals or entities named in the will or who are entitled to inherit under intestacy laws.
- Questions about the probate process: Write down any questions you have about the process, costs, and potential issues you might face.
- Relevant financial records: If available, bring any relevant financial documents, such as bank statements, property deeds, and tax returns.
By coming prepared, you can ensure a productive consultation and allow the lawyer to provide the best advice for your situation.
