Your relative or loved one has died. You are the Personal Representative named in the will, a beneficiary of the will, or both. This is what you need to know if you are about to hire an estate administration attorney for the case to probate the will.
First, you should receive 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 by the attorney for work done. You should also inquire regarding the court costs of the case, such as filing fees.
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. The lawyer will identify the specific capacity in which the attorney represents the client. The attorney should make you aware that they are not a tax attorney and they will not be responsible for the 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.
If you are the Personal Representative, then you will need to consult with a CPA or accountant whom 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 attorney regarding the estate and decedent’s taxes. However, the estate attorney does not handle the taxes or give tax advice.
The attorney will represent the estate in the matter. However, they will not represent you in any matter of trust if the decent had trust too. You may need a trust layer, too.
The personal representative can request attorney’s fees for their work as personal representative through the estate. However, if the personal representative is a beneficiary, too, those fees as a beneficiary cannot be paid using estate funds.
If you have more questions regarding a Marital and Family Law 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.