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18 Nov, 2024 by Kathleen kovacs
Richard Chamberlain was very helpful in reviewing my legal needs such as Will, Power of Attorney and Living Will. All my questions were fully answered in an understandable way. Highly recommend.
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10 Sep, 2024 by Jeff worthen
My wife and I met with Richard Chamberlain in 2015 to have our revocable trust revised and updated from or original trust created in 1996. Everything was brought up to date perfectly. We felt another review was in order so we met with Richard again in 2024 and he suggested a ‘Restatement of Revocable Trust’ due to some changes we wanted to make. All the items we asked to have changed were completed and again handled perfectly. We cannot say enough about Richard’s expertise, professionalism and how he listened to our concerns and desires. In addition, we value his advice and experience. He also made certain that all of our questions were answered. We will not hesitate to recommend Richard Chamberlain and the Legacy Law Group. Jeff W 9/10/2024
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10 Sep, 2024 by Ron black
My wife and I consulted with Tim Alley to help us set up a living trust. Tim was amazing. He listened carefully to what we wanted to accomplish and made certain that all our goals were included in the document. He asked questions and made excellent recommendations concerning things we had never thought about. His attention to details was incredible. We developed a plan that met our goals and Tim provided clear directions as how to achieve these goals. I would highly recommend this group for estate planning.
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15 Dec, 2023 by Ronald brangham
Jeff is a very good attorney and extremely knowledgeable.
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29 Jun, 2023 by Dana braun travel design
Jeffery was very kind to direct me in the correct way to move my business to a new state.
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17 Dec, 2014 by Tonya
I have worked with Jeffrey Kerscher for close to 20 years regarding business cases. He is a very honest, skilled, thorough and attentive attorney. I have full faith in his abilities. When I give him a case he advises me every step of the process. Choosing Jeffrey Kerscher to represent you is the best decision you can make.
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18 Sep, 2024 by Chelsea
I can't say enough great things. This review is long overdue as my divorce was finalized a year ago, but I wanted to make sure I shared my experience! I would hire Brian again in a heartbeat. Right from the beginning he was extremely helpful and did not ever sugar coat anything. He told me the good bad and ugly and always made sure I was as prepared as I could be for anything that was coming my way and made sure I understood everything that was going on during the entire process. He was very responsive, I never had to wait long to hear back, if at all. He was empathetic to me and my situation and that never wavered. My divorce took 2 years to finalize... (at no fault of Brian's, it was just messy) and over that entire time he remained professional, kind and understanding. He worked with me on payments and never made me feel like I was just a number. As long as my divorce took I would have thought he'd get tired of dealing with my case, but that never happened (or at least he never showed it, lol) and I felt just as important to him at the end of my case as I did when I initially hired him. He truly cares about his clients and helping them get the best outcome! I highly recommend Brian.
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08 Mar, 2024 by Jacquie
If you want a professional, knowledgeable lawyer that will see you quickly, listen to you intently and with compassion, and speak to you calmly in words you can understand...hire Brian Smith asap. I had 7 days before the person who asked for a divorce (30+ years) was going to be leaving the country and not coming back. Brian met with me immediately. Completely blindsided, I didn't know what I didn't know. I just knew I needed help and right away. I had never had to hire a lawyer before, let alone contemplate the rollercoaster of separation and dissolution. I had a very unique and unusual case on top of the ridiculous time constraint. Brian calmly explained every aspect of every option available to me. He made sure that I was protected in every way possible under the law. He left no stone unturned. With the compassionate guidance of Brian Smith, we had papers signed and filed before he got on that plane. After meeting with Brian the first time, I knew I was going to be all right after it was all said and done. His insight into these matters have continued to protect myself and my interests to this day.
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22 Feb, 2024 by Anonymous
Paper pusher. Wanted to get it over as soon as possible. No advice , no guidance. I got way less than what I could have with this guy. Do not hire.
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27 Sep, 2024 by Stephen ferguson
I had the pleasure of working with Frank and I can confidently say that his professionalism and transparency set him and his firm apart. While Frank was ultimately unable to assist me and my concerns, he was prompt in responding to my inquiries and was upfront and candid. I was especially impressed by Frank's willingness to explain his thinking, rather than leaving me in uncertainty. It can be hard to find such a high level of integrity and dedication today and Frank and his team demonstrated the highest standards of professionalism. If you're looking for a law firm that values transparency and prompt communication for their clients, I recommend them.
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17 Apr, 2024 by Brenda kay tingley
The best.
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14 Feb, 2024 by Rick gonzales
Professional service and did an exceptional job advising me through out the year long process.
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02 Jan, 2023 by Anita lopez
Very nice receptionist
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13 Aug, 2022 by Jeff minch
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15 Aug, 2021 by Christopher witt
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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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