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30 Jul, 2017 by Harlan
My wife was diagnosed with Alzheimer's disease and I knew that at some point in time I'd need financial assistance so my retirement savings won't be totally depleted. With our health care support changing rapidly and minimal support from our county ADRC, I needed somebody that has the knowledge of the Medicaid regulations. Carol Wessels presented several classes to an Alzheimer's Support Group and gave me enough information to think that we might be approved for Medicaid assistance. She gave me the guidance I needed to gather the information for her office to complete the application and respond back to many additional questions that came back from this application. What a relief to have her support and eventually accepted for Medicaid assistance.
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28 Jul, 2017 by Julie
Carol is very knowledgeable and empathetic. She has the ability to look at the whole picture and give the family a plan. I met with Carol when I was overwhelmed with the changes in my husband, due to dementia. Her calm demeanor and kindness to my husband touched my heart. She knows how to relate well to those with Alzheimer's. Without her, the Medicaid application and process would have been daunting. I highly recommend her!
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12 May, 2012 by Julie
Ms. Wessels has done an exemplary job handling my mother's legal affairs. Her case was difficult and at times frustrating, but Carol managed all with incredible patience, competence, and compassion. I would highly recommend her.
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14 May, 2010 by Bill
Professional and extremely knowledgeable. Made me feel comfortable and valued.
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21 Feb, 2017 by Heath n. wasserman
Absolutely great Attorney. Attorney Tishberg won both a civil and criminal trial for me in consecutive months. I must say Attorney Tishberg is one of the nicest people I have ever met. Thank you, Attorney Tishberg.
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06 Nov, 2017 by Anonymous
Attorney Napierala stood by my side and won me a 10 year restraining order against my ex-boyfriend. I was completely terrified but he walked me through the whole entire process and kept me calm through it all. He's so intelligent, kind and big hearted. He's also never lost a restraining order case in 30 years! I would recommend him to anyone.
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23 Sep, 2016 by Anonymous
The attorney was always very professional, prepared, answered all my questions and was always available when needed. He was extremely effective and genuinely cared about my case.
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21 Sep, 2016 by Anonymous
Napierala had me sign a contract stating that I had to pay him in $2,000 in advance when each $2,000 was exhausted. He inflated his time on the bill and claimed I owed him money even though the contract I signed said I had to pay in advance of services. He canceled mediation the day before because I had not paid him another $2,000 in advance and he refused to discuss his inflated bill. Even though he told me his paralegal was billed at $135 hr, he charged me at his rate when I dealt with her. Most of the time I spent with his paralegal. She had errors on documents so I had to come back four times. IMO that was a ploy to increase his bill. A motion that I had signed took three weeks for this law firm to get a date from Washington County Court due to phone tag. Another motion that I had signed did not get sent off to Washington County until four weeks later. Napierala also emailed me another client's personal information even though her email address and correspondence were in the email. I forwarded his response to his other client and she said she was not happy that he passed on her personal information. Napierala let my husband's attorney add things to an agreement close to an hour before we were to go to court. Napierala also sat silent in court while my husband's attorney lied about a phone bill. Napierala also did not speak up for me in court and let my husband's attorney make me have my separate phone account and he did not speak up when my husband's attorney requested I move out in 45 days, receive a small maintenance during that time with it being increased after I got an apartment, which was a nightmare because of the timing of payroll deductions and support payment, so I am currently short maintenance that is due to me. Napierala gave me very little legal advice. He told me to get an apartment with a pool and told me of the time he lived in an apartment. Napierala does not have a fax machine, he told me he removed the number from his site and that the fax machine belongs to an attorney he shares office space with. Napierala's paralegal is part time, with no set amount of days or hours worked each week. Napierala's voice mail system is sensitive, if you call it and don't press the button at the precise moment to leave a message, you will either get transferred to Dan Goldberg's law firm or you will get a message that says, "Thank you for using Audix." There are better divorce attorneys out there and plenty that have full time office staff, who will file motions in a timely manner and represent you properly who have a reliable answering machine and a fax machine.
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28 Mar, 2023 by Teresa kobelt
The friendly staff and outstanding attorneys at Wessels & Liebau, LLC, make this a smart choice for anyone in need of legal counsel on issues affecting seniors and those with special needs.
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06 Jan, 2023 by Harlan mueller
Carol’s elder law experience is exceptional. She definitely has walked the walk and is not all talk.Her guidance saved me a great deal of expense as she knew the governmental rules and regulations. She gave me new life as I thought all my hard earnings were going to be exhausted for the care of those I loved. I owe her a lot for using her experience for my later benefits in life that I’m enjoying today…
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04 Jan, 2023 by Stephen schultz
I believe that Wessels & Liebau have given me great advice and guidance for the 7 or 8 years that I’ve used their many services. Carol Wessels has helped me prepare and revise my will during some most troubling times; the years that my late wife was struggling with Alzheimer’s Disease, her death and my new marriage and new life. Carol helped me implement my wishes. Thanks so much.
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11 Sep, 2023 by Theresa martinelli
To put it simply, the best, and his staff are top notch and compassionate. There was nothing simple about our family’s case. I’m so grateful to have had their support and service at such a stressful and challenging time in my and my mother’s lives. I consider them a great blessing and would highly recommend them to anyone and everyone. Thank you again for all your hard work, dedication, and going above and beyond much love and respect, sincerely Theresa Martinelli.
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11 Sep, 2022 by John schallert
My parents hired and relied on him for advice and counsel for a living trust and will to avoid probate as much as possible. He met with them, advised them, prepared the documents, made changes over the years, and of course charged his fees to provide a living trust document and will. My mother passed well before my father. No action on funding the living trust. The entire estate ended up in probate. Cost the estate thousands in legal fees, court fees, and time. I would never use him for living trusts or wills based on the poor legal service that he provided my parents. Seek a lawyer who is qualified and competent in trusts, wills, and estate planning. It sure is not Rob Holtz!!
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17 Nov, 2021 by Christine and dennis blankenburg
Very knowdgeable and explain things well. Very reasonably fees. A really nice guy.
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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:

  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.

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