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Probate Law

What To Check Before Hiring An Estate Planning Attorney

Estate Planning AttorneyA good Estate Planning Attorney in Chicago is one who listens to their clients, takes their issues seriously, and provides them with the best legal solution. This includes drafting legal documents, attending hearings, and providing support and guidance for probate. They also assist their clients with their business matters and litigation issues when necessary.

The process of creating an estate plan is complex and requires considerable thought and planning. A good estate lawyer will understand this and communicate the information in a way that is easy for their client to understand.

Choosing the right attorney is an important decision, as it can have a profound effect on your future and your loved ones. Here are some tips to help you find the right one:

Get a referral from friends and family

A family member may be able to recommend an estate planning lawyer in Chicago, who will be familiar with local laws. This will help you to avoid the headache of dealing with a lawyer who doesn’t know your specific situation or who isn’t qualified to handle it.

A good estate planning attorney should have at least a law degree from an accredited university or college. This will ensure that they are well-versed in the laws of their state and are able to create documents that are valid in court.

They should also be a member of their state bar association, which regulates attorneys and sets the standards for the profession. The bar exam is a standardized test that tests a person’s knowledge of the law and ethics.

The best estate planning lawyers have extensive experience. This means they’ve handled many cases similar to yours. They’re also familiar with the unique laws in their area, which can help you save time and money during the legal process.

Be sure to interview more than one lawyer before you choose one. This is essential for finding the right fit, since each situation has different needs and requirements.

Talk to prospective attorneys about their fees

The cost of an estate planning attorney varies between firms, so it is important to ask how much they charge for their services. This will give you an idea of the price range and whether or not they’re worth spending your time and money on.

Look for a firm with a strong reputation

The reputation of an estate planning attorney is crucial to their success. It will impact how your case is handled and how quickly the process moves forward. A reputable firm should have high client satisfaction rates and have a strong track record of satisfied customers.

A good lawyer should be responsive to your needs and offer reasonable prices for their services. You should also take into account their experience and the size of the firm.

Meet with a few estate planning attorneys to get a feel for their styles and personalities.

Categories
Probate Law

How Guardians are Appointed and Wards Protected- a Lawyer’s Explanation

Appointment of guardianship proceedings are among the most typical forms of legal proceedings which people and families will confront in Florida. Though such proceedings are perfectly common, the potential dangers posed by improperly managed guardianship or probate process are quite high, since an improperly managed probate or guardianship can even have long-lasting financial implications for the people involved. There are several ways through which a suitable person may be appointed as a guardian ad litem for a child or other relatives. There is also the possibility of appointing an individual without the aid of any lawyer.

 

There are three standard methods of appointing a personal representative or guardian for a minor: through court orders, by the request of the individual concerned, or by the appointment of a special master. If the probate court declines to grant guardianship or if the application for guardianship is denied, then the individual may appoint an individual (known as a personal representative or executor) to act in his or her behalf. In some instances, a person may also be authorized to act on the ward’s behalf as a representative. An executor is not required to take part in the process of personally appointing the ward, and there is no need to appoint a lawyer who is expert in probate and guardianship law for this purpose.

 

The main function of the personal representative or the executor is to manage the estate and assets of the decedent. Generally, the appointment of a personal representative starts when the court decides that a probate court has jurisdiction over the decedent’s estates. If probate was allowed to be involved, then the executor would also have been appointed. If the executor does not appear at all or does not appear properly, then legal action may be taken against the estate. There are many requirements that must be met before the probate court can decide that the decedent’s personal property and financial interests are being well administered.

 

The appointing of a personal representative involves many factors, said GeorgiaProbateAttorneys.Net. To start with, it must be determined whether the person is incapacitated. What does this mean? An incapacitated person is one who is not competent to make decisions about his or her own affairs. This might be due to mental incompetence, mental disability, or similar reasons. Once the question of incapacitation is resolved, then the court can proceed with the guardianship process.

 

Another issue that might be addressed in the probate matter is whether the decedent had any will or living will. In the case of a will, it must be established that the decedent intended to leave an estate to his or her personal representative. If there is no will, then the Probate Court will have to undertake the task of determining what will happen to the decedent’s property and financial interests once he or she is gone. For that reason, it is common for the personal representative to request a known lawyer expert in probate lawthat the probate court to appoint someone to act as a legal representative of the decedent. Although appointing a lawyer may be seen as a step toward complexity, it is actually a helpful step in providing the necessary guidance to ensure that the process runs smoothly.

 

Having determined that the decedent is incapacitated, a court will then have to determine what will happen to the probate estate. At this point, it is very common for a personal representative or the personal executor to be appointed. He or she will then take over the responsibilities left by the deceased, including paying any outstanding debts. He or she will also ensure that the final wishes of the decedent are respected, including making sure that his or her debts do not go into default. As with any process through probate, it is extremely important to hire a legal representative who has extensive experience dealing with Florida probate matters.