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      WILLS  ~  ESTATES  ~  TRUSTS  ~  ESTATE PLANNING   ~ GUARDIANSHIP  ~  ELDER LAW

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WHAT TYPE OF CASES DO PROBATE ATTORNEYS HANDLE ?
Wills, Estates, Estate Planning, Trusts, Power of Attorney, Elder Law, Guardianships,
Name Changes, Revocable Trusts, "Living Wills", Medical Power of Attorney, Living Trusts,
Revocable Trusts, Avoiding Probate, Inheritance,  Rights of the Elderly and the Physically
or Mentally Disabled,  etc.

WHERE DO I NEED A PROBATE ATTORNEY ?
In Michigan, a deceased person's Will or "Estate" must be "probated" in the county where they had permanent residence at the time of their death.  So it is usually faster and less expensive to hire an attorney in that county.  If you live in Michigan, but your deceased relative had their residence in another State, you will probably need a lawyer in their State.
If you are considering having a Will or Trust or other estate planning documents drafted, it is usually best to hire an attorney in the County where you live, because that is where your Estate will eventually be administered.  

HOW  DO I CHOOSE  A  PROBATE  ATTORNEY ?

• (1.) Look for a lawyer who is very experienced specifically in PROBATE law. They will be more likely to know the current laws about wills and estates, and how they can be applied to get you the best results.
  ALL LAWYERS in this data base are screened for experience.   

• (2.) Find someone who practices law in the County where your case is. They may have a better relationship with the judges & the court personnel. And they will have less travel time, reducing your costs.
  ALL LAWYERS on this site have experience in area County Probate Courts.  

• (3.) Make sure the lawyer is in good standing with the Bar Association, with no history of successful malpractice actions, complaints or disciplinary actions.
  ALL LAWYERS on this site are screened for being in Good Standing
  with NO history of disciplinary action or malpractice.    

• (4.) Interview lawyers who give a Free First Consutation to find someone whose personality  and "style" suits you. It is important to be able to communicate with your lawyer. Do not be  afraid to ask questions.
  ALL LAWYERS on this site give Free Telephone Consultations.  

• (5.) Cost is an important consideration, but you do NOT want to select a lawyer only on on the basis of who is cheapest.  Remember: usually, "you get what you pay for."   A  "cut-rate"  lawyer may not devote the time & effort needed to get you the best results.  ALL LAWYERS in this data base are screened for being reasonably & competitively priced in their area.

• (6.) Convenient locartion should be less important than finding the "right"  lawyer.  Just like finding a good Doctor, you may have to travel a few extra miles to find someone who is more specialized. The closest lawyer may not be the best, or the most affordable, for you.

WHEN CAN I CONTACT A PROBATE ATTORNEY ? Most Law Offices are open Monday through Friday from 9 a.m. to 5 p.m.  A few firms offer Saturday or evening hours. If you call in advance, many lawyers will be happy to schedule appointments after regular hours, if it is necessary to accomodate your schedule. SOME LAWYERS ON THIS SITE OFFER HOUSE CALLS FOR THE ELDERLY OR DISABLED. You can also reach firms on this site by e-mail.

HOW MUCH DOES A PROBATE or ESTATE PLANNING ATTORNEY COST ?
Probate and Estate Planning Attorneys generally charge by the hour when preparing wills, trusts or other documents, or when handling a Decedent's (dead person) Estate. In the Detroit, Michigan metropolitan area the average hourly charge for a reasonably priced lawyer is approximately $200 per hour.

The amount of time involved in drafting your documents will depend upon how how complex or involved your particular situation is. The more time it takes the lawyer, the more it will cost.

Most probate lawyers will require a retainer (downpayment) of at least $1,000 to $2,000 to begin/open the Estate of a deceased person. This usually includes the "filing fees" that must be paid to the Court to open the Estate. (Filing Fees, Publishing Fees and Service of Process Fees may total up to $300.00, or more.) In many cases, IF there are sufficient "assets" (money) in the Estate, the lawyer may agree to accept payment directly out of the "proceeds" (money) in the Estate. But if there is NOT sufficient money in the Estate to cover legal fees, the family will have to pay the legal fees themselves.

Either way, the total lawyer's fees for an estate will usually be calculated by the amount of time that a lawyer works on the case. So, if an estate is more complicated (more property or assets OR more beneficiaries) it will take more time, and therefore cost more in legal fees, than a simpler estate.

Disputes over an inheritance and/or disagreements about the division of property add a considerable amount of "billable" time for the lawyers who are handling an Estate.

While lawyers generally do NOT set a "flat rate" for administering an estate, many lawyers WILL agree to a "flat rate" ("set fee") to draft a Will or set up a Trust or other Estate Plan for you. Again, this fee will vary depending upon how "complicated" the legal matter is. The more involved the documents are, the more time it will take the lawyer and the larger the
"flat rate" or "set fee" is likely to be.  

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Information contained on this web site is GENERAL INFORMATION only, and as such IS NOT INTENDED AS SPECIFIC LEGAL ADVICE FOR YOUR SITUATION.   Obtaining a consultation from a qualified attorney is the only way to insure a proper understanding and evaluation of the law as it applies to your specific legal matter. Additionally, laws can and do frequently change and are subject to interpretation, therefore the information on this site may occasionally be superceded by new laws or interpretations