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24 Dec, 2024 by Kumar marthy
Strategy Law is phenomenal! Their team is incredibly knowledgeable, professional, and responsive. They take the time to understand your needs and provide tailored legal strategies that make a difference. I felt confident and well-supported throughout the entire process. If you're looking for a law firm that delivers excellent results and goes above and beyond, I highly recommend Strategy Law!
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15 May, 2024 by Vivian tran
I couldn't have asked for a more productive and enlightening session, which solidified my trust in Tamara as a legal advisor dedicated to my success.
Tamara Pow's MBA and real estate broker license instilled a sense of security in me as a business owner and investor during our consultation. Knowing that she possesses such diverse and comprehensive qualifications reassured me that I was in capable hands. It underscored her ability to provide not just legal counsel, but strategic insights that align with my business and investment goals. This unique blend of expertise further reinforced my confidence in Tamara's ability to safeguard my interests and propel my ventures forward.
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15 Apr, 2024 by Matthew phillips
I highly recommend Serge Filatov and Strategy Law as a legal partner. I’ve worked with Serge for a number of years now, and the combination of his legal expertise and make-sense approach to law make him a pleasure to work with. Very knowledgeable and professional team.
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17 Jan, 2024 by James lane
Lawyers that do law things.
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10 Nov, 2023 by Tiffany kilpatrick-winter
07 Jun, 2023 by Hoa .l
perfect 4 vip who just wanna sign the papers, the best lawyers will take care of everything!
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04 Dec, 2024 by Cristina
I can’t express how grateful I am for Elise M. Mitchell and her amazing team! From the moment I reached out, Elise was incredibly understanding and supportive of my situation. She took care of everything and reassured me every step of the way, which made such a difference during a stressful time. Herstaff is equally exceptional—always available and incredibly helpful.
After searching for the right lawyer, I’m so glad I found Elise! She truly made me feel like I was in the best hands. Thanks to her dedication and expertise, we had a successful family case hearing, and I couldn’t be happier with the outcome. I wholeheartedly recommend Elise M. Mitchell—10 out of 10! If you want someone who genuinely cares and gets results, look no further!
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09 Sep, 2023 by Nia james
pls contact us if u were abused by her services as minor counsel or attorney. You are not alone.
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21 Apr, 2023 by Rosario
Never once did I doubt I was in the best possible hands. I not only recommend attorney Elise Mitchell, but I'm sure that once you have used her services you too will look no further. I'd recommend Elise Mitchell for most any legal matter and she has given me some of the "Best" legal advice I have ever received. There were no empty promises made just to keep the client happy which I know sometimes occurs when seeking counsel.
Perhaps the thing that impressed me most about Elise was nothing was "sugar coated". She was very straight forward and told me what to expect each step of the way. Going through Family court, custody, and eventually our adoption case.
Elise has been my lawyer for over three years and has done an excellent job in not only fighting FOR me, but also PROTECTING my interests! I highly recommend her for any family court needs or Adoption case you may have. There is no other attorney that will work as hard for you. I have used Elise Mitchell for custody, Adoption and various other matters and she is a wonderful attorney I could not have been happier and I will never go anywhere else! From start to finish, Elise and her team kept me informed of each step and what the options were. Elise is aggressive, knowledgeable and effective. She made the process so much easier and gave me peace of mind in a stressful but successful outcome.
AN EXCELLENT ATTORNEY
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02 Dec, 2015 by Myer
My family's trust attorney. Did not return my phone call in regards to an important but simple trust question. She was quite curt and rude when I called again. The first time I spoke to her, she was pleasant enough.
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13 Nov, 2013 by Linda j. schultz
Linda Silveria is the best of the best at working with families that have to make very difficult decisions. She is gentle and very professional. I worked with Linda when she did my parents trust, then my trust and many of my clients over the years that all loved her. She speaks English not legalese. She is looking to see that her clients best interests are fully satisfied and interjects possibilities as she is thinking ahead of the curve. Having a Living Trust and timely estate planning when life events change....keeps you empowered and puts your mind at ease so your family knows EXACTLY what you want done with your assets!!
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26 Jul, 2012 by Anonymous
Linda is not only very personable and knowledgeable, she explains things (using a white board as appropriate) thoroughly in language that is easy to understand without feeling that your question is inappropriate or ignorant.
Linda explained various options available to us in our need for a will, trusts and durable medical power of attorneys and then gave us very detailed forms to complete that were extensive but, again, easy to understand. She told us not to hesitate to call her with any questions we might have.
Our concerns included protecting our assets and reducing the tax liabilities for our heirs. Linda was able to explain the current tax laws and helped us make decisions that met our needs. We felt that the final documents she drew up met those concerns and needs. Linda's work is thorough, accurate, and definitely personalized.
My husband and I highly recommend Linda.
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04 Apr, 2019 by Anonymous
Run fast from her - terrible attorney who is only concerned about her bottom line. She was hired to protect but all she has done is not listen to her client and distroyed a life.
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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:
-
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. -
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. -
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. -
What steps will you take to manage and distribute the estate?
Ask about the lawyer’s approach to handling debts, taxes, and asset distribution. -
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. -
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.
