Best Probate lawyers in North Reading, MA

1 Probate Lawyers in North Reading, MA

experienced lawyers

Roberta A Schreiber

348 Park Street, Suite 108, North Reading, MA

Elder Law Estate Planning Family Law +2 +5

5.0/5

5.0

3 Reviews

13 Feb, 2014 by Doris

I had never hired a lawyer before, so I asked some friends about their lawyers. Two of them said that I should see Roberta, who lives in my town. I was nervous when I called, but her secretary, Jeanne, was very friendly. Jeanne asked me some questions, to make sure that Roberta could handle my case, and set up an appointment. She told me the first consultation was free. When I walked in, there was the cutest dog I have ever seen (he is Roberta's dog). His name is Sam. Jeanne asked me if I was ok with dogs. I was (I have three dogs), so I played with him until Roberta met with me. Roberta was very friendly and asked a lot of questions about me, my health, my children, and why I was meeting with her. It was very easy to talk to her. I told her I needed a Will. She explained that I should also have a Power of Attorney and Health Care Proxy. She asked me if I was concerned about protecting my house and savings if I had to go into a nursing home. I was glad she asked. I was worried about it, but didn't know how to ask about what I could do. I didn't want the State to take my housel. She told me about MassHealth, a program that pays for the nursing home. She asked if my husband (he died three years ago) was a veteran. When I said that he served in World War II, she said that I could apply for Veterans Aid and Attendance benefits if I needed money to pay home health aides to help me stay in my home. She also said that I should contact the local Elder Services Agency if I need help to stay in my home. She also explained that if I did no planning, all of my savings and my house could be lost if I had to go into a nursing home. She told me about deeding my house to my children with a life estate for me and setting up a trust that could not be changed. It was a lot of information. Roberta could tell I was confused, so she suggested that we have a second meeting, with my children there. She said that my children would be involved in my estate planning, and they should understand the ways I could protect my house and savings. We had a second meeting with my children at the meeting. After the meeting, we decided that the Trust (an irrevocable trust) was the best way to protect my home and savings. Roberta sent documents to me and my children with a letter explaining everything. I went over the documents with my children. I didn't understand some of the legal language, but my children did, so I felt good about signing the documents. We had a third meeting. Roberta explained everything again before we signed, to make sure that we understood and then we signed the documents. I am so glad I called her. I didn't think that an attorney would be that friendly. She did her best to make sure that I (and my children) understood the documents that we were signing. I admit I don't understand everything, but my children do. And I trust Roberta. I feel like that I did the right things to protect my home and my savings. Roberta is very smart and knows a lot about programs for older clients. My children also like her. My son is going to do his estate plan with her. I like everything about going to her office. There are bowls of candy and I really like her dog, Sam.

16 Nov, 2011 by Jeanne

I called Attorney Schreiber because my mother has alheimers. She was living with me and my family, and we were all stressed out. I have a part time job, a husband and three children. Someone had to watch my mother all of the time. We had to figure out how to keep her from wandering away from the house or turning on the stove and leaving an empty pot on it. I was exhausted by the time I met with Roberta. The first thing that she did was help us get a Personal Care Attendant through MassHealth, at a very low cost to us. That really helped. When my mother got worse, Roberta helped us find a good nurinsg home nearby and she applied for MassHealth to pay for my mother's care. Roberta made things so much easier for me. She did all of the paperwork to get my mother benefits. She is a very caring person. She understood what I was going through (she told me that her father had been in a nursing home before he died). She always returned my calls. I am so grateful that I found her.

11 Nov, 2011 by Jeff

I consulted Attorney Schreiber because I was appointed as Executor of my mother's estate. The first attorney that I hired was not responsive and did not tell me what to do after I was appointed. My sisters were asking what was happening, and I was not able to tell them. A friend told me about Attorney Schreiber and I made an appointment to meet with her. She and her assistant were friendly, and I liked them right away. I was offered cofffe, tea, or water and there was a plate of cookies. Attorney Schreiber was right on time. From the first meeting, she told me exactly what to do. She also gave me a checklist to consult after I left the office. She helped me find a good real estate broker and my mother's house was sold three months later. She told me how to close out my mother's bank accounts and she filled out the paperwork to sell the stock. She wrote to my sisters to tell them what was going on. She worked with my mother's accountant to make sure that the correct tax returns were filed. Everything was settled about eight months after I met with her. My sisters and I got our distributions and the estate was done. My sisters and I are very happy with Attorney Schreiber. She even returned telephone calls on the same day.

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FAQs

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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.

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.