Choosing legal representation for estate settlement is an important decision that affects everyone involved. The right attorney makes the process smoother and protects your interests as executor. The wrong choice leads to frustration, delays, and unnecessary expenses.
Our friends at Kravets Law Group discuss the importance of thorough vetting before making your decision. An estate administration lawyer becomes your partner throughout the process, so compatibility and competence both matter.
How Much Of Your Practice Focuses On Estate Work?
Some attorneys handle probate cases occasionally while spending most of their time on other legal matters. Others concentrate primarily on estate administration and related work.
You want someone who regularly handles estates similar to yours. They’ll know the local probate court procedures, understand common issues that arise, and have established relationships with court staff that can help things move efficiently.
Ask how many estates they’ve administered in the past year. What percentage of their practice involves probate work? Do they handle other areas of law that might compete for their attention?
What Is Your Fee Structure?
Understanding costs upfront prevents surprises later. Attorneys use different billing methods for estate work, and you need clarity about which approach applies to your situation.
Common fee arrangements include:
- Hourly rates with regular billing
- Flat fees for straightforward estates
- Percentage of estate value where permitted
- Hybrid approaches combining methods
Ask for an estimate based on what they know about your estate. While they can’t quote an exact figure without reviewing everything, experienced attorneys can provide reasonable ranges.
Find out what expenses aren’t included in the quoted fee. Court filing fees, appraisal costs, publication charges, and other expenses add up. Knowing the full financial picture helps you budget appropriately.
How Do You Communicate With Clients?
You’ll need regular updates throughout administration. Understanding the attorney’s communication style helps set realistic expectations.
Some attorneys prefer email for routine updates and phone calls for important matters. Others schedule regular check-in meetings. Find out how quickly they typically respond to questions and whether you’ll work directly with the attorney or primarily with staff members.
Ask who handles day-to-day questions. In larger firms, paralegals often manage routine matters while attorneys handle complex legal issues. This division of labor can be efficient and cost-effective if everyone stays responsive.
What Challenges Do You Anticipate?
An experienced attorney can spot potential problems after reviewing basic information about the estate. Their initial assessment reveals how thoroughly they’ve evaluated your situation.
They might identify issues with asset valuation, potential creditor claims, beneficiary disputes, or tax complications. If they don’t see any challenges, ask what could potentially cause problems. Every estate has risk factors worth discussing.
According to Wealth Counsel, proactive issue identification early in the process prevents many disputes and delays that plague estate administration. You want an attorney who thinks ahead rather than just reacting to problems as they emerge.
What Is Your Approach To Beneficiary Communication?
Keeping beneficiaries informed reduces disputes and questions. Some attorneys handle all beneficiary communication directly. Others prefer the executor to communicate with legal guidance behind the scenes.
Ask how often beneficiaries should receive updates. What information gets shared and when? How are questions from beneficiaries typically handled?
Clear communication strategies prevent the suspicion and conflict that derail estate administration.
How Long Will This Process Take?
Every estate is unique, but experienced attorneys can estimate typical timelines based on the facts presented. Simple estates might close in six months. Complex situations can take two years or more.
Ask what factors might extend the timeline. Court backlogs, asset sales, tax return preparation, and dispute resolution all affect how quickly you can complete administration.
Understanding the expected duration helps you plan and sets realistic expectations for beneficiaries who want to know when they’ll receive their inheritances.
Have You Handled Estates With Similar Issues?
If your estate includes unusual assets, business interests, real property in multiple states, or family disputes, you need someone with relevant experience.
Ask about specific situations they’ve handled. How did they resolve business valuation disputes? What strategies worked for multi-state real estate? How have they managed contested wills or beneficiary conflicts?
Their answers reveal both experience and problem-solving approach. You want someone who’s successfully handled situations like yours.
What Happens If We Disagree?
Sometimes executors and attorneys disagree about strategy or approach. Understanding how the attorney handles such situations reveals their flexibility and commitment to client service.
You’re hiring them for advice, but you ultimately make decisions as executor. The attorney should respect your authority while providing clear guidance about risks and consequences.
Making An Informed Choice
These questions help you evaluate potential attorneys and find the right fit for your situation. The answers matter less than how attorneys respond to your concerns and whether their approach aligns with your needs.
If you’re looking for legal representation for estate administration or want to discuss your specific circumstances, we welcome the opportunity to answer your questions and explain how we approach estate settlement matters. Reach out to schedule a conversation about your needs.