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25 Aug, 2017 by Lenore
I sure wished I would have met Theresa before I hired the lawyers I had. This was a long drawn out case. My previous attorney withdrew from my case two months before the trial. My lawyer advised me to find a contingent lawyer, nobody wanted anything to do with a long complicated case, until I met Theresa. She is not a contingent lawyer but I was very pleased with her help. I had nobody to go to and I was broken. I got down and personal with her, she new in her heart what I was going through and she took me on as a client even though she was busy with all of her clients, she made time for me. I couldn't have done it without her. Theresa is a kind, sweet, down to earth kind of person. I will never forget her and I will always refer her to all my friends
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07 Mar, 2017 by Luis
Theresa helped my wife and I with an incredibly complex and stressful immigration case that resulted in my wife's I-485 (Adjustment of Status) case approved! She's had an immeasurable impact in our lives and we'll always be grateful. We hired Theresa in late 2015 on a set of USCIS applications that required us to work together until February of 2017. She even attended our interview with USCIS in January. Along the way Theresa was always professional and helped us maneuver the complex US immigration system. Thank you Theresa!
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08 Oct, 2015 by Thien
I hired Theresa to help my family and I do a real estate title transfer. Theresa did a great job in making sure that the process was quick and easy. It was all taken care of all in one visit. Even nicer, Theresa followed up with me a few weeks later to make sure I've received my documents ok. Now that is good customer service!!
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09 Oct, 2024 by Christina skally
Beth McDaniel and her staff are wonderful to work with. We hired Beth (twice now) to update our Estate plan and Trusts. She is a very knowledgeable attorney and advisor. She helped us to make the best decisions for us and our family and we now have the peace of mind that everything is in order. Her professional manner and compassion for her clients was felt during the process. We are very grateful to have her as our trusted lawyer. We would highly recommend her to anyone!
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18 Feb, 2024 by Jerry
We went to Beth to review our will and came away with a complete Estate Plan. Bet and her staff were very professional, answered all our questions. Beth prepared a detailed and complete set of documents along with sensible advice on how to deal with our estate. we highly recommend her.
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29 Nov, 2014 by Jon
We needed a power of attorney for a 90- year old relative under some time pressure. Beth and her team were immediately responsive and helpful, including making a house call to an adult family home to eliminate any burden on our family and his caregivers.
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03 Dec, 2010 by Kristy
I was the victim of an auto accident a little over a year ago. I chose Paul (Bud) Houser, Jr. to represent me. I got his name from the bar association, checked his website, and did a quick internet search to check out his history. I called Bud and he immediately started documenting facts and even met me at the site of the incident to gather information. Bud not only acted as my lawyer, but after being completely disregarded by insurance companies and the involved parties, Bud was there to comfort me. I was scared and didn’t know what to do. He told me not to worry and just take care of myself. He listened to my concerns and never once made me feel like any of my questions were dumb. He never cut me off and never seemed irritated with my ramblings or opinions. He did not ask for any money up front and they completed all the paperwork at his office. It took a little over a year to settle my case (which I have come to discover is a great timeframe). He was able to convince the other side to settle for a reasonable amount out of court, sparing me further inconvenience and stress. He walked me through the process, helped me obtain medical care that was much needed, completed all the paperwork, made all communications necessary, and the thing I liked the most is he made me feel comfortable. He provided me with a check the same day it cleared at the bank and is taking care of any follow up issues directly with the insurance. Bud Houser is a great attorney. I am very pleased with his services and the amount of support I received. I would definitely recommend that anyone with a legal need seek his advice and/or services.
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06 Jan, 2025 by Chris brumfield
High level of attention to detail, and they got to know me personally and were strong advocates. I feel I got a good outcome!
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18 Dec, 2024 by Kristen faris
Honestly, I cannot speak highly enough about the entire team. Their time, effort, and diligence has had a life changing impact. They communicated honestly, and frequently. I hope to never have to be in a situation to need their services again, but they would be the first people I would call should I need to. And I would be just as grateful then. THIS IS A REAL REVIEW. :)
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05 Dec, 2024 by Justin powers
My bankruptcy case was handled in a very quick and easy way. Communication was always smooth, instructions were clear and there were no surprises. I'm grateful for having chose Majors and I'm looking forward to the future. 10/10
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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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