10 Questions to Ask Your Estate Attorney
If you know nothing about the probate process or estate planning, meeting with an attorney can be intimidating. You might not know what questions to ask or what information you should share. It’s important to understand the process and what will happen to your assets after you die, so you can be prepared.
Your attorney can help you understand the probate process, how to distribute your assets, and what happens if you don’t have a will. Here are 10 questions to ask your estate attorney:
- What is probate?
This question will help you understand the basics of probate and estate planning. Your estate attorney in Southlake or wherever you are located can explain the probate process and how it works. You can also ask about different types of probate, such as summary administration and ancillary probate.
- What assets are subject to probate?
Not all assets are subject to probate. Your estate attorney can help you understand which assets will go through probate and which ones will not. You might be surprised to learn that some of your assets, such as life insurance policies and retirement accounts, are not subject to probate.
- How can I avoid probate?
There are a few ways to avoid probate, such as setting up a trust or transferring ownership of your assets to a beneficiary. Your estate attorney can help you understand the best way to avoid probate, depending on your assets and your goals.
- What are the deadlines for probate?
There are deadlines for filing a petition for probate and for distributing assets. Your estate attorney can help you understand the deadlines and make sure they are met. It’s important to meet the deadlines, or you could face penalties.
- Who can file a petition for probate?
Anyone who is named in the decedent’s will can file a petition for probate. If there is no will, the next of kin can file a petition. Your estate attorney can help you determine who has the right to file a petition.
- What are the requirements for probate?
There are specific requirements that must be met in order for probate to be granted. Your estate attorney can help you understand the requirements and make sure they are met. It’s important to meet all the requirements, or the probate could be delayed or denied.
- What are the fees for probate?
There are fees associated with probates, such as filing fees, attorney’s fees, and executor’s fees. Your estate attorney can help you understand the fees and how they are paid. This way, you can budget for the fees and make sure they are paid.
- How long does probate take?
The length of time it takes to probate an estate depends on the size of the estate and the complexity of the case. Your estate attorney can give you an estimate of how long it will take to probate your estate.
- What are the responsibilities of the executor?
The executor is responsible for managing the estate and carrying out the decedent’s wishes. Your estate attorney can help you understand the duties of an executor and how to fulfill them. This way, you can be sure that the estate is managed properly and the decedent’s wishes are carried out.
- What happens if there is no will?
If the decedent dies without a will, the estate will be distributed according to the laws of intestate succession. Your estate attorney can help you understand how intestate succession works and how the assets will be distributed. This is important to know so you can plan accordingly.
These are just a few of the questions you should ask your estate attorney. You can also ask about specific issues that concern you, such as taxes, creditors, and beneficiaries. Your estate attorney can help you understand the probate process and make sure your assets are distributed according to your wishes.
