Your relative and loved one has died, and you are the Personal Representative named in the will, a beneficiary of the will, or both. Here is what you need to know if you are about to hire an estate administration attorney for the case to probate the will:
Start With a Written Retainer Agreement
First, obtain a written retainer agreement from the attorney you plan to hire that details the scope of the attorney’s representation and the attorney’s fees that you will be charged for work done. Inquire regarding the court costs of the case, such as filing fees. This will give you a clear picture of what to expect during the case.
Information the Attorney Will Need Before Representation
Before an attorney enters into a retainer agreement with you on a Probate Administration matter, they will want to know about the family of the decedent, assets of the estate, and the parties involved. Gather and write down as much of this information as you can beforehand so you do not forget to mention any important details.
Understand the Attorney’s Role and Limits
The lawyer will identify the specific capacity in which the attorney represents the client. They should make you aware that they are not a tax attorney and they will not be responsible for preparation of the tax returns for the estate and the decedent.
Further, they should make you aware that they will not assist you with assets located outside the state of Florida. If the decedent has real property in another state, you may need to hire an attorney in that state to do an ancillary estate. This needs to be done during your probate case within the state.
Consult a CPA or Accountant
If you are the Personal Representative, then you will need to consult with a CPA or accountant that you, as the Personal Representative, will hire regarding the estate and decedent’s taxes. The attorney you hire will get permission from their client to speak to that accountant regarding the estate and decedent’s taxes. However, the estate attorney does not handle the taxes or give tax advice.
Trust Matters May Require Separate Counsel
The attorney will represent you in the estate matter. However, they will not represent you in any matter of trust if the decedent had a trust, as well. Depending on your situation, you may need a trust lawyer in addition to the estate administration attorney.
Fees and Estate Funds
The Personal Representative can request fees for work as Personal Representative through the estate. However, if the Personal Representative is also a beneficiary, those fees as a beneficiary cannot be paid by estate funds.
If you have more questions regarding a Probate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.