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Selecting the right Attorney when you are the Designated Personal Representative

If you are accepting the responsibility of acting as a Personal Representative, you will want to seek the assistance of an experienced and knowledgeable probate and estate attorney. Often, you may obtain referrals from family, co-workers, acquaintances, or other professionals. You also can perform a web search for probate attorneys in your area

Choosing the correct attorney is extremely important. You may decide to speak with several attorneys before choosing one. You will be consulting with this attorney regarding the financial and legal matters related to the matter in which you are seeking the attorney’s advice. You will want to choose an attorney that you can comfortably and effectively communicate with.

You may want to ask the attorney some general questions before you get into the details of the reason for your seeking their advice.

Here are some questions you may want to ask:

• How many cases relating to the specific type of matter has the attorney handled?
• Does the attorney charge by the hour, a flat rate, or some other method?
• Does the attorney’s legal assistants perform some of the work, at a lower hourly rate?

You may want to ask the attorney how long, approximately, your case will take to go through the legal process, and how much the attorney thinks it will approximately cost. However, most attorneys will properly inform you that these questions cannot be answered with any specific certainty, as every case is different, based on the specific facts and individuals involved. Some probate cases will be contested, such as competing persons seeking to be appointed as the Personal Representative. Obviously, these cases will take longer to resolve and will be more costly.

Before meeting with the attorney you should do your research:

• Review their websites.
• Review their profile on Lawyers.com

• Read their peer reviews.
• Read their client reviews.

Having a successful working relationship with your attorney is important. Make sure you retain an attorney who communicates with you clearly.  If you cannot understand what the attorney is talking about and do not obtain proper explanations when you ask for clarification, look for another more experienced and knowledgeable attorney. Remember communication is a two-way process. You must communicate your confusion to the attorney in order for them to be aware that you do not understand some aspect of what they are talking about. If you do not, the attorney will assume that you understand.

It is also important that the attorney you choose has extensive experience in the area of law for which you require their services. See what bar association committees they belong to, such as an Estate, Trust, and Guardianship Committee. Determine how long they have participated in this committee and similar committees.

To discuss any matter relating to Guardianship and Probate matters please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, and P.A. at (407) 732-7620, and visit my website at www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney-client relationship.