I am an estate administration legal assistant in New Haven, Connecticut, and frequently help clients probate estates. In my last post I provided an overview of the probate process. This may have compelled some of you to start thinking about whether you need to retain a probate attorney. If you have been appointed the fiduciary of an estate, navigating the probate process alone can be particularly difficult after just losing a loved one, as well as stressful and time consuming. As a fiduciary the probate process can become even more complicated if the decedent owned numerous assets, and by the involvement of potential creditors and possible disputes with beneficiaries. If you have decided that retaining a probate attorney is the right decision for you, successful planning for your first meeting can be incredibly beneficial. Effective planning for your first meeting with a probate attorney can provide the attorney with critical information about the decedent’s estate, and allow the attorney to make an initial valuation of the estate. My objective in this post is to provide you with ways to effectively prepare for your initial meeting with a probate attorney.
1.Gather pertinent documents. This is by far the most important step in providing a probate attorney with an accurate representation of the decedent’s estate. When scheduling your first meeting, inquire as to what information you should bring with you. Generally, these documents include:
- Original Last Will and Testament and copies of trust documents, if any had been established during the decedent’s lifetime
- A certified copy of the death certificate
- Financial statements from the decedent’s investments and/or bank accounts
- Copies of documents related to the decedent’s retirement plans
- Documents related to any debts owed by the decedent, including mortgages, loans payable, car leases and credit card statements
- Copies of any deeds to real estate owned by the decedent
- Copies of the decedent’s most recent federal and state income tax returns, including the most recent gift tax return if there was one
2. Create a list of assets the decedent owned and identify whether the assets were owned solely or jointly. These assets can include bank accounts, investments, real estate and vehicles.
3. Identify the beneficiaries of the decedent’s will, and their contact information
4. Write down any questions you may have for the probate Commons questions clients have for attorneys probating an estate include what is an overview and timeline of the probate process; what experience does the attorney have with probate law; how are creditors handled; and what are the attorney’s fees.
For assistance with the probate process, please contact me either by email at mbuckanavage@gs-lawfirm.com or by phone at (203) 285-8545.
One Audubon Street, 3rd Floor
New Haven, CT 06511
Ph. (203) 285-8545
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