10 Important Questions to Ask a Probate Attorney Up Front

Finding the right lawyer to represent your interests isn’t as easy as it seems. Legal professionals usually specialize in specific areas of law, which often provides deeper insight into legal defense maneuvers and applicable case law. If you’re contesting a will, a probate attorney would probably be much more knowledgeable and effective than someone who mainly practices criminal law.

How do you know what type of lawyer you’re getting? Asking insightful questions during the consultation will help.

When Do You Need a Probate Attorney?

Probate lawyers work in a very specific field of law that involves estate administration after a death. If the decedent had a will, the probate attorney will have it validated and filed.

When an individual dies intestate, meaning they left no will, a probate lawyer will help the family administer the estate in probate court. They can also represent individuals or groups of family members who wish to contest a will.

Probate isn’t necessary for all estates. In Nevada, probate court can be avoided if:

• The estate has less than $20,000 in total assets after debts are discharged

• Property can be transferred outside of probate, such as assets held in a trust

• A beneficiary is named in specific accounts, such as joint titles with the right of survivorship, life insurance policies, bank accounts, and retirement accounts

Family members or a named executor can open estate administration themselves, but it’s probably smarter to hire a probate attorney who knows the ins and outs of estate administration. Family members may not know how to go about applying to the IRS for an estate tax ID number, discharging debts, and contacting beneficiaries.

Probate lawyers can also provide guidance if there are any snags encountered during the settlement process.

Keep in mind that probate must be opened within 30 days of a death, but it can take up to 180 days for the whole process to resolve. The more complicated the estate, the longer probate will take.

Choosing the Right Lawyer for Your Case

Many probate lawyers in Las Vegas are also estate planning attorneys. Often, this means that they’re more intimately familiar with the wishes and goals of their clients before and after death. When that’s the case, it puts them in a favorable position to administer an estate in accordance with the wishes of the deceased.

However, the same attorney who planned the estate or drafted the will would not be the right attorney for a family member who wishes to contest the will. If there are questions about undue influence or the decedent’s mental capacity, the beneficiaries have every right to hire a separate probate attorney to legally contest the will.

Keep in mind that disinheritance or being unhappy with the division of assets alone are not legitimate grounds for contesting a will.

Because estate matters and probate law can be complicated, talking to a licensed legal adviser who has probate experience is a good idea.

10 Questions to Ask a Probate Lawyer

Before choosing a probate lawyer to represent your interests, it helps to have a list of questions to ask during your consultation. If you need the attorney strictly for probate court, the questions will be somewhat different than if you need someone who can manage all of your estate planning activities.

Regardless of these issues, the most important questions to ask are:

1. What documents do I need for the consultation?

This should be asked over the phone at the time you schedule the first meeting. You want to make sure you have all of the supporting documentation available so the lawyer can properly assess the case.

Although your situation may differ, most probate lawyers in Las Vegas will need:

• Certificate of Death

• Original copy of the last will and testament, if not already filed. In that case, a certified copy will do.

• Copies of any documents already filed with probate court

• Names and contact info for all beneficiaries

• Copies of deeds or titles

• Documentation of outstanding debts or liabilities

• Copies of financial statements of the deceased, including bank or retirement accounts, insurance policies, and investment accounts

2. How long have you been practicing probate law?

The more seasoned the attorney, the more likely they are to have experienced complications with tax authorities or beneficiaries. They’ll also have first-hand knowledge of how estate administration works in practice.

3. What is your experience with the probate court that will be handling the deceased’s estate?

Not all courts or probate judges are the same. Choosing a lawyer with experience in the court where your case will be resolved has possible benefits. This could include familiarity with the judge’s temperament as well as particular court rules and procedures.

All probate matters for Reno, Las Vegas, and the whole of Clark and Washoe Counties are handled in a “Specialized” probate court. The rest of the counties adjudicate probate matters at the district court level.

4. What fees will be involved?

In Nevada, all judges follow the same guidelines and procedures. However, there are differences in filing fees and forms from county to county. It’s important to find out the fees and forms needed in your jurisdiction as well as any fees that the law office charges.

5. How do you charge?

Some attorneys charge a flat fee for their services, while others bill hourly. It usually depends on the complexity of the case and how long their services will be needed. Any prospective probate lawyer should be able to give you an accurate quote of upfront costs as well as disclosing fees for any special services involved, such as for additional research.

6. Is estate planning your primary service area?

A yes to this question means they’re likely up to date on all matters regarding estate planning and administration.

7. How do you administer an estate plan?

You want a full-service firm that oversees things like living trusts rather than just drafting the paperwork to form them.

8. Will I be meeting with anyone else from your office or working directly with you?

Busy attorneys aren’t always available, so there should be someone who is trustworthy to act as a contact person when you need to provide information or get updates. However, you should not be left dealing solely with clerks or associates.

9. Does your firm act as executor or trustee?

The answer to this question should be a resounding “No,” as doing so could present a conflict of interest.

10. Does any subsidiary of your firm perform asset management?

Again, a yes to this question could present a conflict of interest. Any asset management or other fiduciary activities should be handled by someone unaffiliated with the legal representative.

You should also come away from your meeting feeling confident and like you have a good rapport with the lawyer. Did they communicate things clearly and completely, and do they share your overall values?

Find Probate Lawyers in Las Vegas

Finding a licensed attorney in Las Vegas is usually as simple as searching “guardianship lawyers near me,” “estate planning lawyer in Las Vegas,” or whatever area of representation you need from a lawyer.

Probate lawyers can also come from referrals. Just ask a friend, colleague, or family member for recommendations and then meet with several attorneys until you find the right one for your situation.