Filter by

star star star star star
05 Jul, 2024 by Dana bergstein
Fratello Law, located in Smithtown, is a truly remarkable estate planning and elder law firm. The attorneys are highly adept in a variety of practice areas such as wills, trusts, power of attorney, asset protection, Medicaid applications, special needs, and more. The practice has many beneficial events as well as resources to help educate their clients. Fratello Law is a very caring Law Firm that goes above and beyond for all of their clients!
Read more Google Maps
star star star star star
11 Jun, 2024 by Russ sallese
Rachel Katz was so helpful and nice with all info on living will, heathcare proxy, and reg wills. We had free consultation with her. She didn't rush us at all. We will deal with her again. Thanks Russ and Mary Ann Sallese.
Read more Google Maps
star star star star star
22 May, 2024 by Joe nunz
Professional, know their stuff and a pleasure to deal with. Highly recommend.
Read more Google Maps
See more
star star star star star
01 Nov, 2016 by Anonymous
Michael took the time to sit with my husband and I to discuss our personal situation and explain how best to create an estate plan that would benefit our family and children. He clearly answered our questions and made us feel comfortable every step of the way. When it came time for our family to upgrade to a new home, we undoubtedly called Michael J. Brescia, P.C. to handle both our home sale and new home purchase. He is straightforward and honest and we are so happy we have an attorney we can turn to going forward.
Read more Avvo
star star star star star
05 May, 2016 by Anonymous
has handled 3 cases for me. hard working and honest. yes he is honest.
Read more Avvo
See more
star star star star star
05 Jul, 2024 by Dana bergstein
Fratello Law, located in Smithtown, is a truly remarkable estate planning and elder law firm. The attorneys are highly adept in a variety of practice areas such as wills, trusts, power of attorney, asset protection, Medicaid applications, special needs, and more. The practice has many beneficial events as well as resources to help educate their clients. Fratello Law is a very caring Law Firm that goes above and beyond for all of their clients!
Read more Google Maps
star star star star star
11 Jun, 2024 by Russ sallese
Rachel Katz was so helpful and nice with all info on living will, heathcare proxy, and reg wills. We had free consultation with her. She didn't rush us at all. We will deal with her again. Thanks Russ and Mary Ann Sallese.
Read more Google Maps
star star star star star
22 May, 2024 by Joe nunz
Professional, know their stuff and a pleasure to deal with. Highly recommend.
Read more Google Maps
See more
star star star star star
21 Nov, 2024 by Amy b (musegolightly4)
I was referred to Barrie Bazarsky last year following injuries from a rear-end highway collision. My experience with Barrie and her associate Diane Ford has redefined my conception of what "excellent" representation looks like, raising this bar for the legal profession to a new standard. Barrie is fierce, compassionate and perseverant in her follow-up; Diane is simply wonderful, dedicating her knowledge and diligence to my case from day one. For anyone enduring a continuous cycle of medical/PT appointments, these traits deliver the kind of value that cannot be overstated. To Futterman Lanza & Pasculli, well done on maintaining such exceptional staff... And to Barrie and Diane, thank you both for being exceptional.
Read more Google Maps
star star star star star
01 Nov, 2024 by Glenn roberts
Cannot say enough about how we were treated as clients with FLP Ms Jaclyn Kramer, Keil, Gail, and Jennifer all made us feel welcomed and comfortable. Ms Kramer is a true professional who helped my wife and I greatly, all in a warm, friendly and professional manner. Everyone made us feel that we selected the appropriate law firm to represent us. Thanks so much everyone Glenn and Maryanne
Read more Google Maps
star star star star star
27 Oct, 2024 by Alec goldstein
Barrie Bazarsky is the best personal injury attorney out there. Barrie is professional, thoughtful, compassionate, and produces results. Barrie took my case and supported me when other personal injury attorneys would not, and was able to provide me with peace of mind throughout the entire process and an appropriate settlement to back it up. I fully endorse Barry Bazarsky and would recommend her to anyone in need of a personal injury attorney.
Read more Google Maps
See more
star star star star star
15 Nov, 2022 by Collin bartoldus
Google Maps
star star star star star
03 Nov, 2022 by Jonathan miller
Howard Greenberg works magic. I highly recommend him for anyone in the finance industry. He provided me with great service. He would always return my calls promptly, and treated me as if I was his only client. I was referred to work with him because of the great work he's done with colleagues, and I recommend anyone else to work with him as well.
Read more Google Maps
star star star star star
19 Jun, 2022 by Jason scherl
This guy was my hero and he said my terminal fatal disease is psychosomatic and he didn’t do any of the cases I paid him for and then he quit a few days later and decided to keep the money this guy is a thief and a liar and he’s too old to practice law I’m so upset my hero betrayed me you should avoid this lawyer he’s kind of got some kind of Old age related problems
Read more Google Maps
See more
star star star star star
17 Nov, 2014 by Beth
This is an atty everyone should know..A closing was scheduled for 11:00 am on 11/20 and was cancelled in the am,due to mtge issues. Rescheduled for 5:30 the same day and she not only rearranged her schedule but traveled in heavy rains and walked in as a professional and never said anything negative or questioned my customer. The closing took 2 1/2 hrs and Karen was positive and informative the entire time.
Read more Avvo
See more
Discover the ideal lawyer
You can search a lawyer by practice area, lawyer name, city, state, or ZIP code
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.

Scroll to top