When you’re the Personal Representative of a deceased loved one's estate and you're winding up the estate, there’s usually a lot of legwork to be done—things like making phone calls and gathering documents. Many of these tasks don’t need to be done by a lawyer. So if you’re paying your lawyer by the hour, you’ll probably want to volunteer to take on some of this work yourself. Just make sure it’s clear who is responsible for what tasks, so things don’t fall between the cracks. For example, make sure you know who is going to (1) order death certificates, (2) file the will with the court, (3) get appraisals of valuable property, and (4) file the deceased person’s final income tax return.
Keep in mind that many lawyers are more flexible than they used to be about offering what’s often called "limited representation" or "unbundled legal services." In other words, many lawyers no longer insist on taking responsibility for all the work of a probate case. They will agree to provide limited services—for example, answering your questions during the probate process or assisting with the preparation of court pleadings or the estate inventory—while you take on other tasks traditionally done by the lawyer. Be sure to get your agreement in writing, so both you and your lawyer are clear on your responsibilities.
IMPORTANT DATES AND DEADLINES. It’s a good idea to ask the lawyer for a list of deadlines—for example, when is the cutoff for creditors to submit formal claims, and if there's to be a final hearing, when will it be held? This will be helpful both if there are things you need to do, and if creditors or beneficiaries contact you with questions.
DEALING WITH BENEFICIARIES AND CREDITORS. If everyone gets along, it probably makes sense for you, not the lawyer, to field questions from beneficiaries. It will save money, and you’ll know what beneficiaries are concerned about. If you send regular letters or emails to beneficiaries to keep them up to date (this usually helps keep them from getting anxious), you might ask the lawyer to review your communications before you send them, to make sure you’ve got everything right.
GETTING LEGAL ADVICE AS YOU GO. Check in with your lawyer regularly to see if anything is happening with the probate case. Usually, no news is good news. State law requires you to keep the probate case open for a certain number of months, to give people time to come forward with disputes or claims—but in most probates, beneficiaries don’t argue about anything in court, and few creditors submit formal claims.
By all means, ask your lawyer any questions you have about the proceeding. But if the lawyer is charging by the hour, try to be efficient when you communicate. If you can, save up a few questions and ask them during one phone call or office visit. But if you are unsure about taking a particular action that will affect the estate—for example, you want to give one needy beneficiary his inheritance months before the probate case will close—get legal advice before you act.
If you have questions about hiring a lawyer to represent you in a probate matter, give us a call at 253.858.5434 to set up an appointment today.