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15 Feb, 2016 by Anonymous
Ruth Borland was referred to me by a trustworthy source. She is gracious, well-educated, and seems concerned about one's situation. She has been in business a long time and her firm has a good rep. Most of my contact was by phone; she was available for our appointments. She worked with me on our financial arrangement due to the length of my case. Her admin assistant is very helpful and on the ball.
That being said, when it comes to managing a client's expectations and getting things done in a timely, assertive manner, my review takes a turn. I hired Ms. Borland in Spring 2010 to help me with a challenging estate issue: a family Irrevocable Trust was being mismanaged by the two Trustees (a bank and a family member who was also a beneficiary of said trust). As the only other surviving beneficiary, I was being prevented from accessing funds in my trust account via some questionable practices. Ruth told me I had a very strong case that we could take to trial. When I asked how long this would all take, she could not give me a general timeframe. I hired her on faith, assuming that a few years (2) would be plenty to get this process underway, to court and resolved in my favor.
After 2+ years passed I started relaying to Atty. Borland my frustration and angst about getting this case to trial and resolved while it had "steam". She always left it up to me whether to continue on or not. In spite of an emotionally charged situation involving the other family member/trustee/beneificary, I pressed on.
Fast forward 5+ years: After filing the lawsuit in late 2011, court dates, continuances of court dates for one reason or another, periods of time when nothing seemed to be happening, several unproductive attempts at settlement conducted by Atty. Borland and opposing counsel, I said "enough" and settled Dec 2015 for a unimpressive sum by signing away my rights as beneficiary of the Trust. Not a very favorable outcome, given how the trust was written and intended. When I told Ruth how disappointed I was that it had come to this, she defended herself by saying I did not let her take it to trial. After all that had transpired, time and resources spent, I had lost faith that the case would ever get to court.
"Under promise and over deliver, not the other way around."
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14 Jul, 2015 by Michael
I retained Ruth for a temporary PFA and custody order that I was served with in August 2012. In November 2013 Ruth suggested we file a motion for a change of venue. She got it prepared, and waited another eight months before filing it. Ruth was unable to attend this hearing, and instead sent an associate. He had little to say as we were offered to have the case moved across the street. I was under the impression that we wanted the change of venue in order to move it out of the county where my wife, her attorney, and her law partner are all guardian ad litem attorneys. What really bothered me was when neither counsel thought to object to Judge Corbett's decision to have this hearing without the stenographer.
Finally, December 2014, a hearing is set for the PFA. For the past 15 months Ruth never contacted any of my witnesses. Just three days before the hearing, Ruth could not reach the only witness she called. Then on the following day, one day before the hearing, Ruth takes a trip out of town. At the courthouse on the day of the hearing, Ruth and opposing counsel meet with the judge. The judge's best offer is a no fault PFA for three years. I asked about the 2-1/2 years I was forced to wait for this hearing, shouldn't there be some consideration for that time? The judge said no, it's either this or we have a hearing now. Ruth says, it is better if you take the judge's offer; or we could have the hearing now, if that is what I want. What I want? Go find me an attorney who is ready for trial, and prepared to defend her client. I asked if we could have this hearing continued. Ruth tells me the only way to get this hearing continued was to release her and tell the judge I need time to find alternative counsel. I felt backed into a corner and with no choice, I took her advice and accepted the deal. Soon after I told Ruth that she had failed me, and that I wanted a new hearing. Ruth backed her actions like I've never seen before, I wonder if she defends any of her clients as she would herself?
For those entire 16 months Ruth represented me, she never got me one day of visitation with my son. It is because of that failure, my wife and her attorney have stopped the few visitations I just received; because they filed for a stay of visitation, where they have accused me of having no interest in seeing my son for the past 18 months.
I expected Ruth to do the job she agreed to and with 40 years of experience, it surprised me that she handled my case so poorly. Surely, twenty-something continuances and one hearing in 16 months, is worth a round of applause. Hip hip, no way!
"Try to fail and you will. Greatness is the opposite." MD
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07 Dec, 2011 by Anonymous
Ruth did an amazing job for me in my divorce. I would and am reccomending her to other people.
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07 Dec, 2023 by Donna lynn-roberts
I printed three pages of lawyers that were supposed to have been pro bono for estate litigation. I went through every single one, either they were dead, retired or they no longer did pro bono. Out of the three pages that I contacted, five people responded, to inform me that they no longer did pro bono. The lawyer referral service does not update their information at all.
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22 Nov, 2023 by Rich andrews
Can't Find An Attorney To Help Me.
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06 Jan, 2021 by Matthew travis (lobo)
Sucks
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FAQs
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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.
