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03 Jun, 2024 by Tiffani
Both Brian and Stefanie were absolutely amazing! They made our experience in estate planning so easy. Stefanie responds back to all emails and phone calls so quickly and explains everything so thoroughly that I never felt the need that my questions were not answered. Thank you both again for the best experience.
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25 Apr, 2024 by Cathy
Bryan and Stephanie were amazing! They handled my Will without any stress or issues. Bryan even went above and beyond to find the answers to questions I was having trouble getting.
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10 Jan, 2024 by Lisa
Bryan and Stephani Tippen are aweseom! They handled our probate with care, compassion and patience. They explained each step of the process clearly and always made us feel like we were their only client. They provided excellent service with constant updates and helped us navigate through the process during an extremely difficult time. Can't thank them enough.
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31 Aug, 2020 by Anonymous
After switching from another Attorney for our estate planning, we found Jeff Kuhns. He is very knowledgeable and clearly described all of out options. He is the kind of attorney we can trust to be responsive to our needs now and in the future.
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09 Dec, 2019 by Susan
My father was an 81 year old man who spent a month in hospital (some kind of procedure every week). He almost died a couple of times. He then went to rehab for a couple of months. Immediate family and dr's agreed he needed assisted living and then possibly go home. A great niece who he may have seen twice went and got him. Within 2 months she had a new will leaving her everything. She alienated him from everyone. Less than a year he was dead. A friend called to offer me condolences a week later and that is how we found out. I went on Avvo site hunting an attorney and found Jeffrey Kuhns. He was sympathetic, professional and very knowledgeable. At our consult he advised that he couldn't do what we wanted and needed to do. He referred us to someone he knew could. I cannot say enough good things about him. Thank you Jeffrey!
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26 Apr, 2019 by Linda
I went to Mr. Kuhns and was extremely pleased with his knowledge of what I needed. His staff was very pleasant and always helpful. I would recommend him to anyone.
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01 Jul, 2016 by Anonymous
David represented me in a very emotionally charged matter and got everything resolved quickly and with the least amount of fuss and bother as possible. As an attorney, myself, I really appreciate his intellect, demeanor and professionalism.
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02 Oct, 2010 by Anonymous
Ms. Fileman helped me manage a local family probate matter that involved some complex real estate circumstances. Her advice was always very well considered and helpful, and in specific, she provided vital guidance concerning some claims against the estate. I was out of state, and her solid counsel made the process clear and navagable.
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04 Jan, 2022 by Paul buchanan
They were very professional and on time with my appointment. I learned a lot about the laws affecting second marriages in the State of Flirida. If you're on your second or more marriage, and if either of you have assets. You need to go see them.
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09 Mar, 2021 by Kathy rutter
Would use no one else for probate or wills.
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09 Mar, 2021 by Sally green - seaside living group (homesmart realty)
Mrs. Payne helped me to redo my estate planning after a recent divorce. Not only was she professional and efficient - she explained all the changes, why they were necessary and spoke in English verses lawyer talk. I felt very comfortable with everything and for the first time, felt as though I really understood what was going on. I cannot praise her enough for the excellent job she did. Need help - talk with Katharine Payne!
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17 Sep, 2024 by Jim allen
I have been working with Mr. David Holmes and Ms. Julia Bauer on moving our business to Florida. Talk about a DREAM TEAM! The both of them are so professional and courteous, not to mention, very responsive. I have even received replies on the weekends. I have been in business for 30+ years and have dealt with numerous law firms large and small. I have never had a better experience than I have with them. My big list of things to get done for the move in a short amount of time has been drastically reduced thanks to these two professionals. I sincerely mean it when I say "this Law Firm is top notch" and I couldn't be happier with the level of service I have received, thank you so much!
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11 Sep, 2024 by Jeff rykiel
Julia Bauer, paralegal to David Holmes, is absolutely the best!! She wields a long stick and keeps order. Between her and David, we could not be happier and highly recommend this Firm to anyone and everyone in the area who might need legal services. Always very professional and thorough!! Thank you.
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03 Sep, 2024 by Shawna jones
Was recommended this firm I have never contacted a lawyer before and I was explaining my situation to see if we can get some direction and paralegal sherry was very condescending and acted like I was an idiot for calling
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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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