Archive for the ‘Estate Lawyers’ Category

In part 1, I gave you ways to find the right estate/probate lawyer. Now what do you do with your list?

 Make sure you do your homework. Compare the list of possible candidates. The names of two or three lawyers may surface who work in your neighborhood.  Now you’re ready to start with the next step.   

Invest some time in interviewing a number of candidates to ensure you can work with them.  

You can use the telephone or email to narrow down your choices by asking questions. Here’s a list of possible questions you can ask an estate lawyer:

-                      Will you personally meet with me to discuss my needs? 

-                      Do you spend 30% or more of your time handling estates? 

-                      How long have you handled estates? 

-                      How long does the process take?  

-                      Do you have an information package or website?

 Make sure you feel comfortable talking with your lawyer. Communication skills are important. If this is lacking, you cannot get the advice you need.

 Remember this: the lawyer who prepared the will may have no probate experience.   

 Watch my 1 minute Executor Self Defence video.

Executor Kung Fu Book

Executor Kung Fu Book

Estate Lawyers Are Not All Equal Part 1 of 2

Good probate lawyers can help executors make better decisions. Are you handling an estate as executor? You cannot afford to have an inexperienced probate lawyer.

Finding the Right Estate/Probate Lawyer
 
Here are seven tips to help you. Begin by preparing a list of possible candidates from these sources.

1. Personal referrals.  Your friend or neighbour may have had a positive experience with a probate lawyer.  This is a good place to start.  Do not, however, assume that your needs are identical. You may not get the same results.

2. Professional referrals.  Your bank, financial planner or accountant usually has a list of lawyers he or she recommends.

3. The Law Society of Upper Canada.  Law societies also can refer you to prominent lawyers or certified specialists.  Lsuc.on.ca 

4. Ask other lawyers.  Call lawyers you know.  Ask them for lawyers they recommend for probate and estate administration matters. 

5. Estate seminars.  Contact financial service groups in your neighborhood who hold public or private presentations.  If you attend a meeting, you can personally meet and assess if a probate lawyer is suitable.

6. Internet searches.  Check a lawyer’s website to review their qualifications and experience. Look for possible memberships and publications. This will also help you break the ice before your first meeting. 

7. Advertising. www.yellowpages.ca and community ads may help you identify possible lawyers.  Do not base your hiring decision solely on the size of an ad in the Yellow Pages.

Watch my 1 minute Executor Kung Fu video.

In part two, I’ll cover what to do with your list of candidates.

Executor Kung Fu Book

Executor Kung Fu Book

Need a Certified Specialist in Estates Law?

Certified Specialist Logo

Certified Specialist Logo

You know what a medical specialist does, but what about a legal specialist?

 In Ontario, the body that licenses lawyers is called the Law Society of Upper Canada. It has a certified specialist program for specific areas of law, including estates and trusts.

 The program recognizes lawyers who have met the established standards of experience and knowledge requirements. These lawyers have maintained exemplary standards of professional practice.

 In areas of Estates and Trusts Law, here is what the classification means: http://www1.lsuc.on.ca/specialist/jsp/directory1.jsp

 Estates and Trusts deals with assisting clients to plan for incapacity and the succession of their assets, having regard for their express wishes, the nature and magnitude of their assets, the circumstances and needs of beneficiaries, the tax effects of death, and all statutes and rules of law governing these matters.

It also deals with preparing the documents required to give effect to such plans – especially wills, powers of attorney and inter vivos trust instruments, advising and assisting attorneys and trustees in the execution of their duties, and beneficiaries and claimants against estates and trusts of their rights.

Estates and Trusts deals with administering estates and trusts and acting as counsel, or instructing counsel, in litigious matters on behalf of trustees, attorneys, beneficiaries, and claimants against estates and trusts.

 Not everyone needs to see a specialist.

Specialists handle complex and tax based estate planning. Often, they do not advise executors on estate administration issues.

The area of estate disputes involves lawsuits and litigation. This is yet another area that not all specialists handle.

 Are there advantages to hiring a specialist?

  • Usually specialists can identify complex areas of the law that require special care. Their experience can often be an advantage in quickly finding solutions.
  • In order to maintain their designation, specialists must also meet annual standards of continuing legal education. This ensures that they are familiar with new developments.
  • The public benefits from lawyers who are familiar with current standards and legal decisions.

If you are looking for a certified specialist in Estates and Trusts Law in your neighbourhood follow this link to the law society: http://www1.lsuc.on.ca/specialist/jsp/namelist1.jsp?code=EST&region=

How Do Estate Lawyers Charge?

How Do Estate Lawyers Charge?

How Do Estate Lawyers Charge?

How you will be charged can be based on these three factors:

1. Experience – expect specialists to charge more. They may identify issues quickly and in the long run, effectively save you time and money.

2. Complexity – more time is needed if you own a business, need detailed tax advice, have a child to protect, or a blended family situation.

3. Location – competition where you live may be a factor affecting price and the quality of legal work.

Some lawyers may be defensive when you request a fixed fee quote or estimate over the phone. This is a normal professional reaction.

Lawyers are not permitted to solicit work from prospective clients on the basis of their fee quotes. You should be able to request that a schedule of fees be sent to you by email or mail.

You may consider yourself lucky that the will prepared by your lawyer is only two pages long. On the other hand, you could be impressed that you fell asleep trying to read a 35-page monster will.

Choose a lawyer who can demonstrate current expertise and can give you guidance on complex decisions.