Find a Wills and Trusts Attorney By Jennifer Lynn-Jennings
Hiring a wills attorney, also known as a probate attorney, is almost always an unpleasant but necessary task. The retention of a probate lawyer means that you are dealing with the estate of someone recently deceased, whether or not the person died intestate, or without a valid will. This is a difficult prospect, and a good lawyer can help ease what will most likely be a long-winded struggle, depending on the location where the testator, or author of the will, died and whether he or she owned property elsewhere, as that property will also need to be placed under probate.
Probate Court
Probate can be a long process, taking months or years to sort out. Many people, when putting together a will, hire a probate lawyer to ensure that their heirs will experience the least amount of trouble. If this is the case, time in probate court may be limited or totally unnecessary. If the estate does end up in probate court, you may be involved in a lawsuit disputing the will as it was written. Attorneys who handle the administrative side of an uncontested will are called transactional probate lawyers, while those who are involved with disputes and lawsuits over estates are called probate litigators.
Understanding Wills
Because the law of wills is a complicated business that is based on local, state and federal law, an expert understanding of the legality and execution of wills is necessary. Anyone can draw up a will, but the mere existence of the will on paper does not validate it. For instance, a will that has been handwritten and signed by the deceased (and, in many cases, has not been witnessed) is called a holographic will. In some cases, these wills may be valid, but they are only ever valid in about 30 of the 50 United States. Since the laws concerning estates are so varied and confusing to laypeople, probate is one of the few areas of the law where a person should never attempt self-representation.
Hiring a Probate Lawyer
When looking for a probate lawyer, analyze whether your needs require a litigator or a transactional representative. You may want to ask friends and relatives for recommendations, but this can understandably be a sensitive subject for some -- especially if the matter ended in litigation -- and you may feel uncomfortable asking about the situation. If this is the case, your bet may be to search the American Bar Association Web site from accredited lawyers with experience in the field. You should always check the credentials and qualifications of any attorney you hire, whether they come recommended by an acquaintance or not.
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