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05 Jan, 2022 by Anonymous
Handle a case for me in Palo Pinto county ( tough county ) always professional never BS me treated my wife and family with respect and care for the circumstances! You need help definitely call Shay
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06 May, 2011 by Dixie
Jim is a honest reputable lawyer who has always given me sage advice with all legal matters that I've approached him with. He has helped me to resolve several court cases in my favor. And if he can't help you, he will point you in the right direction. He' s a great lawyer and a great guy.
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08 Jan, 2024 by Ryan curry
Very friendly and helpful.
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22 Dec, 2023 by That guy
14 Oct, 2022 by Ricky l smith
08 Oct, 2020 by Cindy
When we first moved to Hood county we had a problem with a homeowners insurance claim and did not have a local attorney. Asking several of our more affluent friends for a suggestion of a good local law firm, the consensus recommendation was Grady Swindel. Grady met with my husband and I for over 2 hours, mapped a strategy, for us to pursue on our own with the insurance company and the appropriate state regulators, and only charged us $250.00. Over the years my husband and I have spent thousands for legal services for our different business interests and not always had such practical, effective, advice.
For those who are reluctant to pay a $250.00 consultation fee we would suggest you find a young attorney who is just starting their practice. If you want to achieve a successful solution to your problems you will probably be better served by an experienced attorney like Mr. Swindel whose time is a valuable asset.
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20 Dec, 2019 by Abby
Mr. Swindle represented me in my recent divorce. And, I want to give kudos to he and his staff.
He is the least expensive attorney in town. I shopped around and found him. He also allowed me to make payments to him which I could not get any other attorney in town to do so. This was helpful on a strict budget.
I think his expertise in family law and his availability when you have questions are worth it. I think you'll find that he is the kind of attorney you want on your side.
He was relentless when it came to representing my interests. He helped ensure not only that my ex or the court would not take my child from me but that I would get support from him and would be able to raise my child without worry and stress of being broke all of the time.
Mr. Swindle always answered timely and with answers that were very appreciated. He made stressful situations much easier to deal with. He is so kind. His assistant and secretary were so very nice and helpful as well. They made me laugh and took my worries away.
In the end, I think my divorce ended about as fairly as could be, and I owe it all to Grady L. Swindle.
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24 Aug, 2019 by Sue
Recommend Grady Swindle in a heartbeat. We were looking for a lawyer to handle a fairly unusual international property, wills and trust situation. Grady Swindle handled our affairs very professionally and with a lovely Texan manner. Would recommend him and his team in a heartbeat. Very happy. When my husband was hospitalized part way through the process Grady stepped up to ensure that we were covered legally. Five stars well earned.
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08 Feb, 2022 by Jacob
I had him as a court appointmented attorney in 1996 and he sat there and did literally nothing while Richard Hattox the DA at the time ripped him apart and convinced a jury to give a 17 year old boy 35 1/2 years in prison for a burglary!!!! Garbage!
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15 Sep, 2020 by Anonymous
The Judge held an Arraignment hearing before trial was to begin in front of a sitting Jury and Mr. Ottaway did nothing. The D.A. submitted perjured evidence and Mr. Ottaway did nothing. When asked to cross examine a witness, Mr. Ottaway said, I have no questions for thia witness. Because of him I was falsely convicted of a crime I never committed and I was torn away from my family for 10 years.
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19 Dec, 2018 by Anonymous
I consulted with this attorney and he represented me in a custody case that involved severe domestic violence. He made remarks joking about domestic violence in the courtroom to another attorney before my hearing. He became biased towards the other party by asking the judge that I pay for the supervised visits. He did not represent me and made me feel like I was being persecuted on the stand. After it was all said and done he yelled at me and insinuated that I stayed in the relationship so I brought it upon myself. If you are dealing with a serious matter I would not use this attorney. He ruined my life.
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10 Mar, 2021 by Anonymous
I hired Mr. Lawrence to represent my business interests in small claims court to recoup money unlawfully used by my ex-business partner. I paid a flat fee of roughly $500 for what we assumed would be a quick case as I had collected vast amounts of evidence. Initially, I was relieved to have an attorney working my case. However, my experience quickly took a downward spiral. First, we tried sending letters to try to reconcile out of court. I spent hours writing a draft of the key information. When I presented it to Mr. Lawrence, he charged me another $100 to put his letter head on my draft and covered the cost of shipping after I corrected some mistakes he made. After another similar letter, we hired a constable to physically deliver the court papers. Mr. Lawrence coordinated everything and sent me the bill. My ex-partner had fled with no trace and we couldn’t confirm that papers were served. So, Mr. Lawrence placed an ad in the local newspaper to meet the requirement. Again, he coordinated everything and sent me the bill without consulting with me on the price beforehand.
A few months quickly turned into a year with seemingly no progress. During this time, it would typically be a month or longer before receiving an emailed update on the status of my case. He would usually respond after I emailed, sometimes multiple times, to check in. About a week before the one-year mark of beginning this effort, I received a call around 3:30pm from Mr. Lawrence that I finally had a court date scheduled for early the next morning. I had less than 24hrs to coordinate time-off, arrange lodging, and drive over 200 miles away to appear for my hearing. I had no warning. While in the court room waiting for my case, Mr. Lawrence took a phone call and walked out. The bailor called me up before the judge, but had to leave court to retrieve my attorney. When presenting my case, Mr. Lawrence seemed very much unprepared to represent me. He did not have a clear approach to present the evidence and didn’t seem to know how much I was requesting, as he told the judge a number that was about $4K less than I was claiming. Fortunately, I had bought all the evidence I had collected because Mr. Lawrence didn’t appear to bring any deliverables for the judge to review. I felt like I had presented my own case alone. Ultimately, despite expecting a default judgement, the judge pushed my case to next level of authority. Mr. Lawrence had not made it clear to me that there was a limit to how much could be requested in small claims court and we hadn’t strategized prior to the hearing to keep my case below that level.
I left court incredible upset and disappointed that I had wasted a year and a significant amount of money, when Mr. Lawrence could have easily guided us to a reasonable default judgement, to be told to start over. I had already considered firing Mr. Lawrence from my case multiple, this situation didn’t help, but I gave him one last chance. We discussed what went wrong, how we would reapproach at the next level, and how he would do better communicating with me. Unfortunately, after another few months, nothing changed and no progress was made. God put it on my heart to forgive my ex-partner and no longer pursue my case to recoup my losses. Fortunately, I think Mr. Lawrence recognized how fed up I was with this process and when I asked him to cancel my case he didn’t charge any more than he already had to close it.
Very frustrating experience. I will not be returning to Mr. Lawrence or recommending him to anyone I know. However, by the end, I think he recognized how awful my experience was with him and agreed not to charge me anymore than I had already paid. This one redeeming factor is why I’ve given him two-stars.
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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.
