Filter by

star star star star star
28 May, 2024 by Aj yearby
Great person and better mediator!
Read more Google Maps
star star star star star
18 Oct, 2023 by Yogesh bhaskarwar
Fran is an exceptional Mediator. We utilized her services and were pleased with the outcome. She is thorough, patient and straightforward. She provided exceptional service for reasonable fees. I even reach out her now to seek her guidance on other unrelated matters and lawyer recommendations. Thank you Fran.
Read more Google Maps
star star star star star
07 Oct, 2023 by Ms decluitt
The Authority in Mediation!!! The Authority in Law and a protector of children!!! I only wish I had the opportunity to meet hers truly in person but Ms. Brochstein is truly gifted! I have no doubt she’s the one to help you too!! Thank you so much Ms. Fran Brochstein!
Read more Google Maps
See more
star star star star star
12 May, 2020 by Jennifer
I have used Dale for years and it has been great. They get things done as soon as they can. Even with this COVID-19 going on they got one of my cases finished and filed. Feels good to be worry free now. Dale and her staff are awesome.
Read more Avvo
star star star star star
07 Feb, 2020 by Deanna
Dale Shell...an incredible woman and attorney! She worked endlessly to get me everything I wanted out of a nightmare marriage that resulted in a nasty divorce. She was so gracious listening to all my venting and yet, able to keep me in-line and on the right track. When push came to shove...she got it done! I can't Express my gratitude for everything she did for me.
Read more Avvo
star star star star star
16 Oct, 2019 by Robert
Dale and Nichole represented me in a divorce after 20 years of marriage. When my spouse began to stall and make unrealistic claims and it appeared we would have to go to court (which would become substantially more expensive) Dale guided me skillfully through a mediation settlement which resulted in my receiving a substantially higher equity payoff than I thought possible!!! Court proceedings and additional substantial expenses were avoided ,not to mention months and months of continuing pain and suffering resulting from my ex spouse’s vitriol and posturing. THANK YOU DALE!!! This is my law firm from now on!!! Go to the best team!! SHELL & SHELL!!!
Read more Avvo
See more
star star star star star
05 Nov, 2017 by David
Neal has represented me over the years preparing estate plans for my wife and me, forming a business and buying and selling real estate. He is very good, explains difficult concepts in terms I can understand, and always protects my interests. I recommend him highly to my friends.
Read more Avvo
star star star star star
11 Oct, 2017 by Anonymous
Neal first represented me in forming a new business 10 years ago. Since then he has represented me in real estate transactions and in a complex litigation matter. I have always been very satisfied with his knowledge and service and recommend him highly.
Read more Avvo
See more
star star star star star
26 Jul, 2020 by Anonymous
Attorney Hurst used his knowledge and experience to help solve an issue we were facing. Very glad we chose him to consult with because he brought a perspective we really didn't consider. If you need a lawyer to bring a resolution to your issue, then give Mr. Hurst a try.
Read more Avvo
See more
star star star star star
08 Jun, 2015 by Jeff
I was involved in a very stressful child support dispute and was represented by an Austin attorney in the matter for almost 2 years. Sadly for me nothing was being resolved and it was costing me way too much time and money. On the advice of a friend I contacted Attorney Klaegar. On short notice he met with me and heard my frustrating story. I immediately knew this man cares, is knowledgable and responsive. Within weeks he defused the situation that had only gotten worse the past 2 years. All I did is follow is advice and in the end my ex even fired her Attorney and allowed Attorney Klaegar to mediate our situation. I find above all else this is a man of compassion and integrity and I highly recommend him.
Read more Avvo
star star star star star
16 Dec, 2009 by Anonymous
A very knowledgable and attentive lawyer. His office kept in constant touch via phone and email so I knew the progress of my case. He was very quick and agressive in completing my divorce. He also showed a better understanding of the law than my former spouse's attorney, which was very satisfying. I highly recommend him as a divorce attorney.
Read more Avvo
star star star star star
06 Nov, 2008 by Anonymous
He was my original Attorney to Help or kinda help with the start to my divorce I went to him to get temporary oders for my child it took 2 months to get a court date!! When we had the court date it turned into mediation between my soon to be ex. He still Charged me 500 to go to this so called hearing! Sense then it was over a month and I hadn't heard from him.. So I terminated him!!!!!! Talked to me very poorly I donnot expect my attorney getting so fusterated!!
Read more Avvo
See more
Discover the ideal lawyer
You can search a lawyer by practice area, lawyer name, city, state, or ZIP code
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:

  1. 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.
  2. 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.
  3. 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.
  4. What steps will you take to manage and distribute the estate?
    Ask about the lawyer’s approach to handling debts, taxes, and asset distribution.
  5. 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.
  6. 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.

Scroll to top