You might have decided that you need a probate attorney's help, but you can still take some matters into your own hands. If you take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that your lawyer will have to spend, you can often save yourself some money.
Finding the Right Probate Attorney
First things first: Make sure you hire a lawyer that is a good fit for you and your situation. Here are some tips:
Make a short list of lawyers who seem like a possible match for your needs. To make this list:
- Ask friends and colleagues for referrals
- Poke around online lawyer directories to read profiles of lawyers in your area, and
- Read online reviews.
For each of the attorneys on your list, call the office to learn more about the lawyer’s:
- Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area—in estate planning (like making wills and trusts), probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.
- Rates. Does the lawyer charge hourly for cases like yours? Is a flat rate possible? Will you have to pay a retainer? How much is a consultation? You may not be able to get all of this information over the phone, but it’s worth asking in order to get a ballpark figure. (To see how that figure compares to typical rates across the country, see our survey results on how much lawyers charge to help with probate and our study of hourly rates and free consultation policies reported by estate and trust attorneys.)
- Tone. While you’re on the phone, gauge how you feel about any support staff who answers the phone. You could be dealing with these folks quite a bit, so you want them to be professional, efficient, and knowledgeable.
After you’ve talked to each lawyer’s office, plan to have consultations with two or three. If the lawyer charges for consultations, this might seem like a waste of time or money—especially if you like the first lawyer on your list—but choosing the right person can save you money in the long run, so you want to make an informed choice. And—unfortunately—the reality is that a cost of a consultation will probably be a small fraction of the fees you will eventually pay.
For more on this subject, see Selecting a Good Probate Lawyer.
Before You Meet With a Probate Lawyer, Do Some Homework
To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning and finding a lawyer for wills, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.
The more you can learn, the more precise (and efficient) your questions can be at the consultation, at the first meeting, and throughout the time your lawyer works for you.
Questions to Ask a Probate Lawyer During the Consultation
Attorney consultations vary, depending on the attorney’s preferences. Some lawyers charge for a consultation, others don’t. Some will only hold consultations over the phone, but some will let you come in (this is best, so that you can get a better feel for the attorney). Some lawyers will speak in generalities about your type of case, while others won’t mind getting into the nitty-gritty of your situation.
At the consultation, be prepared to talk about your case and your goals. The lawyer may not get into too many details of your situation before you sign a fee agreement, but you should be prepared just in case.
If the attorney or the office asks you to fill out an intake form before your consultation, take some time to answer the questions carefully—it’s to your advantage to have the key points written down ahead of time.
Here are some questions to ask at the consultation:
- What would the lawyer like to see in order to evaluate your situation?
- What problems does the lawyer foresee with your case?
- How would the lawyer go about handling your situation? What is the process?
- How long will it take to bring the matter to a conclusion?
- How would the lawyer charge for his or her services?
- Would the lawyer handle the case personally or would it be passed on to some other lawyer in the firm? If other lawyers or staff may do some of the work, could you meet them?
What to Expect at Your First Meeting With Your Probate Lawyer
After you decide which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You'll spend a good deal of time explaining to the attorney the details of your legal issue and answering the attorney's questions. The attorney will lay out a plan. If you think you might forget something, you write down the issues you want to make sure to cover.
In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for parents or siblings. The lawyer will want to understand your relationship, why you are seeking help for the person, and why the person is unable to seek the lawyer's help personally. In other cases, you might be the executor of a family member's estate after your family member passes away.
What to Bring to the First Meeting With a Probate Attorney
To this first meeting, you should bring any documents requested by the intake questionnaire or at the consultation. For example, depending on the facts of your case or your situation, you may need to bring copies of:
- Documents that will "prove" your authority, such as a will or living trust document that names you as the personal representative
- Will or trust documents
- Deeds to all real property
- Financial documents such as recent bank statements or retirement account statements
- Life insurance policies
- Prior gift tax returns, if any
- Documents related to applications for public benefits (such as Medicaid or Social Security)
Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you might have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.
What Else to Ask a Probate Attorney
- In what increments do you bill? To the tenth of an hour?
- What will I be charged for work that your paralegals do?
- How long will it usually take for you to return my call or email?
- How long do you estimate the probate process will take?