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18 Feb, 2020 by Steve
Dan is an amazing lawyer and helped me when I was getting pushed around by credit card companies when I was dealing with identity theft. He is so helpful, direct, knowledgeable and easy to work with. Thank you Dan Flynn!
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17 Jan, 2019 by Matt
We have used Dan for two legal services and both times he was a pleasure to work with. He provided solid legal advice and practical insights in both situations. He is extremely fair, super responsive, and a pleasure to work with. Highly recommend Dan!
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12 Jan, 2019 by Anonymous
Without knowing much at all about trusts and wills, we were recommended to Daniel j Flynn, Esq by our insurance agent of long-standing who had this attorney prepare wills for he and his wife just one year ago. We were most pleased with every aspect of Dan’s service: his knowledgeable and simple approach to our specific needs, his efficiency from start to finish, his patience in spending time in answering all of our questions, and all this in his uprightness in holding to a reasonable fixed rate. We highly recommend this attorney for preparing wills, living wills, and all of the documentation required for a complete package. You will not be disappointed.
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16 Mar, 2021 by Hugh
3/16/21 - Justin shepherded me through closing my sister's estate. Though by no means a large estate, my sister was very unorganized, having not paid taxes or mortgages for some time before her death, and documentation was either scattered or simply non-existent. Justin was a god-send in getting things organized, counselling me on best practices, and determining both the least painful and least costly way to settle the estate.
I cannot thank Justin enough for his patience and advice, affording me the opportunity to keep everyone in our family and her daughter informed and "up to speed" on the disposition of her assets and liabilities.
I must also add that I (and the family and my niece) were more than satisfied with Justin's reasonable fees. They say a quality lawyer is worth his weight in gold, and Justin's fees were certainly more than reasonable!
Thank you to Justin, and if you are in need of advice/services for and estate or related services, I certainly recommend Justin Dituri!
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21 Jan, 2021 by Marcia
The pandemic was an impetus to finally put my affairs in order. I turned to Justin Dituri since he was highly recommended to my sisters and me when were were dealing with a very tangled issue when settling my father’s estate.
I like the fact that the Dituri revocable living trust also included the other four documents that Suze Orman recommends for everyone: advance directive, durable power of attorney for health care, will, and durable financial power of attorney. The language of the documents seems to provide for any situation that might occur and Justin’s expertise is really all-encompassing. He charges a flat fee, broken into three payments, a good value. Funding of the trust is not included, but he is willing to advise if you wish to do it yourself. In my case, the funding was fairly simple, especially since he threw in my real estate deed. I did, though, contract to have him handle the mineral rights in my trust. This was the issue he originally straightened out for my family.
The final product is very professional. Justin has an eye for detail such as signing original documents in blue ink to distinguish them from copies, clipping together the pages I would need to provide when funding my trust, and putting my will in a plastic protector within the document to make it easily accessible. I am extremely satisfied with my trust and have already recommended him to family and friends. Most of all, I am comforted by the fact that I have everything in place to make things simple for my family in the end.
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17 Oct, 2017 by Anonymous
Justin helped me with my fathers estate. It was a stressful time with some family issues, but he made it clear that he was there for me, and by my side. He was compassionate, and patient, and explained everything to me in details that I could understand. Definitely would recommend him to anyone needing a probate lawyer!
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04 Apr, 2024 by Jeff zych
My wife and I put off our estate planning for a long time. I am a financial advisor and I tell clients to do it all of the time but I was guilty of procrastination myself. After visiting Andy, he was able to put everything together in just two meetings. We now feel comfortable and confident that if something happened, there is structure in place, powers of attorney both- financial and medical and peace of mind.
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04 Apr, 2024 by Bonnie strand
Andy Gitkind has worked with my husband and I over the last ten years in establishing our estate plan, then updating my parent's estate plan. In our initial meeting, he listened carefully to our explanation of the dynamics in our family, and gave us options that would respect all family members and minimize risk to all parties were there to be any challenging family dynamics. He wrote out everything on a whiteboard, to make sure he was following our family tree, added summarized options for estate planning, and at the end of our meeting gave us a copy of what was outlined. Andy was patient with our questions, and spoke to us in words that we could easily understand. He works from a comfortable, organized, professional, modest (by lawyer standards) office in downtown Louisville.
When I felt my parent's legal documents needed some updates, he worked with them to explain what was needed. He was able to largely work with their existing will and did not try to upsell them on a major document overhaul. Andy has helped us with probate filings etc. as we now work through my parent's estate, and has always offered the "I can do it, or I can show you how to do it" options.
Andy is a skilled, experienced attorney as well as being a genuine and pleasant person. He follows through on time-sensitive needs, and works compassionately with heirs when a family death has occurred. We are grateful to him for the service he has given and will continue to give our family.
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13 Jul, 2022 by Anonymous
We hired Sherri to help us with getting an APR for my brother’s child who was in my care. Our case, not unlike others, had a fair amount of small details. I would sit down with Sherri and explain the situation or answer questions she asked, watch her take notes and then a few days or a week later, she would tell me she needed the same details we had already gone over and stated that I hadn’t given her yet. She often misspelled names or got a DOB wrong, even after being corrected and that still made it’s way into the final document. She sent an email at the conclusion of our case stating she would return the retainer and then a week later, she said there was nothing to return (she would bill when the retainer had run low, so it felt as though she had intentionally found enough to charge to keep the entire retainer).
After consulting with an attorney who mainly works on custody/adoption, we’ve found our APR is boardline illegal based on the way it’s been written.
Overall, Sherri seemed polite and professional, but in regards to our case, she felt scatterbrained, spread too thin and not well versed in family law. I respect her as a person but would not hire her as an attorney again.
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27 Dec, 2019 by Jeffrey
Ms Murgallis made repeated mistakes that cost me several thousand dollars. She was incapable of even getting the basic court ordered documents, despite repeatedly telling me she could. She then made sure there were no consequences to the opposing party for not turning them over. She refused to present evidence of serious legal infractions of the opposing party. Undermining my argument and strengthening that of the opposing party. She made sure that the case cost as much as possible to the point that I had to send her an email telling her to stop wasting her time and my money until she got the documents she said she would be able to obtain.
You will need to know the laws so that when you try to stand up for your rights she won't be able to force you into a bad situation.
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14 Feb, 2017 by Laura
I will definitely hire Sherri again if I ever need legal assistance. She was straightforward, compassionate yet professional, and represented me well. She gave my case the amount of attention it needed, but no more -- which kept her fees reasonable as well.
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09 Aug, 2024 by Patti
Contacted them to fill in and file 2 petitions. Paid for it. One was changed and fee schedule switched after I notarized them without telling me but filed them anyway.
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20 Mar, 2024 by Anonymous
It's been 5 months and she's done absolutely nothing. I tried calling her every day for a month and still not reply.... If you want someone to care about you and your case, please go somewhere else.
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26 Sep, 2022 by Anonymous
Almost all communication, I waited an average of a week for a response. I received all the excuses as to how she missed my emails. Any filings that had to be done were done under the wire at the very last minute. She would submit documents to related parties past the requested deadlines. The other attorney made remarks in regard to her disregard for timing. I received the outline for my trial the night before adding to my stress and frustration. When I asked specific questions, she gave a roundabout answer that avoided actually answering. It was obvious she briefs herself 15 min prior to a call or meeting and our phone calls were always repetitive as were the emails. Waste of my time & my money.
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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.
