What is Legal Advice?
The death of a loved one can mean that you will need to find an attorney to help with the process of estate settlement. While it isn't necessary to have an attorney prepare an advance directive, it can be advantageous to have one prepare your will or any other estate-related documents.
We have some suggestions to help you find the best attorney to provide the kind of legal services you need:
- Think specialization.
You don't need just any attorney; you're looking for someone with experience in a particular aspect of the law.
- Ask around.
There's nothing like a personal referral from someone you trust. Talk to friends, family, co-workers, and neighbors to see if they can recommend an attorney with the right expertise.
- Get in touch with the local Bar Association.
It will have directory of all practicing lawyers in your area.
- Visit legal aid websites. These organizations can provide you with trusted referrals and legal consultation services.
Will I Need a Lawyer?
Despite the fact that people make jokes about lawyers all the time, they really are necessary in a community. They are, in effect, society's professional problem solvers.
While there is no requirement to use a lawyer, probate is a rather formal procedure. One minor omission, one failure to send a copy of the petition to a relative, or a missed deadline, can cause everything to come to a grinding halt.
Or, in the worst case scenario, such things can expose everyone to liability.
The death of a family member or friend sometimes tends to bring out the very worst in some people. Experience shows that even in close families there is a tendency to get overly emotional about relatively trivial matters at the time of a loved one's death, such as who gets the iron frying pan and who gets the kettle.
Such minor matters, or any delays or inconveniences can be upsetting, pose issues of fairness, and create unfounded suspicion among family members. Thus it generally is a very good idea to hire a lawyer to sort it all out for you – so you can grieve, and find your way in the world without the physical presence of your loved one.
If you’d like to speak with one of our funeral professionals about the issues you are currently facing, please call us. While we are not lawyers, we can make a worthy referral, should the situation warrant one.
Thinking Ahead?
That’s great. Having a select place to store important documents, like bills and personal records, can come in handy in helping settle an estate after death without having to search and sift through mounds of paperwork.
Why not create a "When I'm Gone" file? You could name it anything you want, but that title fits nicely. This is where you’ll organize your family’s documents, so those you leave behind can easily find what they need when the time comes.
So what important documents should you keep in your "When I'm Gone" file? Here are a few suggestions:
- Final documents, which include wills, trusts, powers of attorney, and health care directives. Copies of these documents should also be given to a trusted individual for safekeeping.
- Income information, including social security and child support and alimony documents.
- Investment accounts, including retirement accounts, mutual funds, and college saving plans.
- Credit cards account information
- Bills and banking information, which involves clearly explaining how bills are paid and includes any necessary information and instructions for bills paid online.
- Insurance policies, including life, health, auto, and disability or long-term care insurance papers.
- Other important paperwork, including military records, old tax returns, and birth, marriage, and death certificates.
- Digital asset account information, which includes email and social media accounts, online services, and financial accounts. You want to organize and store essential passwords, access keys, PINs, and other sensitive information in a safe place that can later be accessed by your family or another trusted individual upon your death.
Death Certificates
Perhaps the single most important document you’ll need in the coming weeks, the death certificate is important for:
Legal Reasons: The death certificate is a permanent legal record of the fact of death. State agencies always stipulate that a death certificate is to be filed. It provides important information about the decedent, the cause of death, and the final disposition.
This information is used in the application for insurance benefits, settlement of pension claims, and transfer of title of real and personal property. The certificate is prima facie evidence of the fact of death and, therefore, can be introduced in court as evidence when a question about death arises.
Personal Reasons: The death certificate in many cases provides family members with closure, peace of mind, and documentation of the cause of death. It also provides peace of mind by facilitating efficient processing of needed benefits as those described above.
Vital Statistics Reasons: The death certificate is the source of state and national mortality statistics. It is needed for a variety of medical and health-related research efforts. It is used to determine which medical conditions receive research and development funding, to set public health goals and policies, and to measure health status at local, state, national, and international levels. This data is valuable as a research tool and by influencing research funding.
Before the business and legal issues of the estate can be pursued, it will be necessary to obtain certified copies of the death certificate. You can order them from:
- Your Funeral Director
- The Registrar of Vital Statistics in your area
It is always better to order a few more than what you think you will need. Most agencies will only accept certified death certificates, not photocopies.
In some cases, there may be a need to obtain a certified copy of the death certificate without a cause of death. These certificates are needed to transfer the title on a house, mobile home, and automobile or in some cases for court procedures. You should make this request when ordering the certified copies.
If you have questions about obtaining copies of a Death Certificate, please call us.
We’re here to assist you.
The Next Step in Getting Legal Help
At this point, you should have a list of four or five recommended local attorneys. Now it's time to make that first call. You should first ask to set up a face-to-face meeting but be aware that many attorneys charge for this introductory session. That's why your first question should be: "Do you charge for the initial visit?"
If you do agree to a face-to-face meeting, it's important to ask the following questions but be observant too. Look around: is the office organized? Is he or she listening closely to what you have to say? What is your gut feeling to what you're seeing and hearing? Trust your intuition; if you don't feel you are a good match, then move on to the next attorney on your list.
The questions to ask in your initial interview are:
- Do you specialize in my type of case?
- Do you have any special credentials?
- Exactly who will handle my case; the attorney or a paralegal?
- Who will be my point-of-contact?
- What's the preferred way to communicate with your office?
- Will I be billed for phone calls and email correspondence with either the attorney or staff?
- How will I be informed about any progress in my case?
- How will fees be calculated? Hourly, contingency, or flat fee? If I will be billed hourly, will I be required to pay for portions of an hour?
- What expenses am I responsible for?
- How often can I expect to receive a bill?
- Is advance payment required? What happens to that money if I terminate the case before it's resolved?
- Will I receive copies of all documents pertaining to my case?
When you're satisfied you've found the right attorney at the right price, always ask for a written agreement and read it thoroughly. If you have questions about what you've read, ask them before you sign.
Sources:
- Liz Davidson, "How to Find a Good Lawyer When You Really Need One"
- Consumer Reports, "When You Need to Lawyer Up"
- Henry, Alan, "How to Find a Reputable Lawyer"