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Attorneys What to look for when selecting an ethical Wills, Estates, Probate & Trusts Attorney: Remember, when you hire an attorney you are paying for a service and you should be satisfied with the quality of that service. They should return your phone calls promptly, communicate with you personally and keep you updated on the status of your case. The attorney should also discuss the terms of your contract, including fees, up front. If you believe your attorney's performance is less than stellar, realize that you can replace them at your own discretion. Interview them to decide which attorney you would like to handle your case. This interview takes place at an initial consultation. Don't expect your case to be solved during this visit. Consultations usually last 30 minutes so be prepared. Here are a few tips to get you ready.
Questions to ask an attorney:
How long have you been
in business?
Do I need legal
representation for my problem?
Have you handled cases
like mine in the past?
What have results been
on my type of case?
Will you be handling my
case personally? If not, what kind of work will you
be doing and who will be doing the rest of the work?
How available are you
for meetings and phone calls?
How do you handle fees? Get
a written retainer including:
Charges:
Do you charge by the hour, a flat rate or
contingency? Services
that are included Extra
fees How
you will be billed What
are the possible outcomes in cases such as this? How
long do you expect this matter to take? What
are my alternatives? Do
you recommend arbitration or mediation? Important Consumer information for Will, Estates, Probate & Trust, Law: Do I need a will? Yes, you should have a will prepared. Otherwise, State law will dictate the distribution of your estate upon death. Are there other documents that I should have, other than my will? A Power of Attorney is always a good document to have around, along with a Designation of Healthcare Surrogate, and even possibly a Living Will. The idea of Estate Planning is for you to have ultimate control over your estate, and your wishes regarding illness or incapacity. Can I simply go on-line and download these forms? Yes, you can, but it is ill advised. Attorneys are trained to evaluate a client's specific needs, based on their wishes. Standard forms, unfortunately, probably do not have that capability. If I die, does my estate have to pass through Probate? Most likely the answer is yes. Some estate planning can be done to keep some assets out of the estate. Probate, however, is the mechanism in which legal title to property (both real and personal) passes from you to a designated beneficiary upon your death, as well as allowing any creditors to file a claim against the estate. Do I need a lawyer to Probate a will? Yes, Florida law requires a lawyer's services to probate a will. How long is the process? A simply uncontested will may still take up to 10-12 months to fully Probate, However, due to the notice requirements; it will probably take a minimum of six (6) months. How does my attorney get paid? You are free to negotiate with your attorney regarding his fees and costs. However, most attorneys will charge the statutory mandated fees, which generally are based on a percentage of the estate's value. As for costs, it really varies depending on the will/estate. Be sure to ask your lawyer if you will need to pay these costs upfront, or if they will advance these costs to you. For more questions about wills and/or probate, please contact my office for a free consultation. |
After interviewing and
running an extensive background check the National
Association Against Consumer Fraud has awarded the
following business a listing in The Business A-List:
Harvey Law, LLC. 1555 Howell Branch Rd. Suite
C201 Don P. Harvey was born in Philadelphia, Pennsylvania in 1969. He moved to the Orlando area in 1980. He graduated from Trinity Preparatory School and attended Louisiana State University. In 1991, he received his Bachelor of Arts degree in Economics with a double minor in Russian and Political Science. Upon graduation, he was also named a Regents Scholar by the Louisiana Board of Regents for his academic and non-academic achievements, including playing football while at LSU. While at LSU, he was also a member of the Phi Kappa Psi Fraternity and Phi Beta Kappa Honor Society. He attended law school and received his Juris Doctor with Honors from the University of Oklahoma in 1994. While there he was a member of the American Indian Law Review and Phi Kappa Phi Honor Society. He was also granted membership into The Order of Coif, an honor society indicating academic performance in the top ten percent of the graduating class. Upon graduating, he returned to the Orlando area and began working with a small Plaintiff's law firm in Winter Park in August of 1994. While there he developed their litigation department and practiced personal injury law, workers' compensation law, and labor law. He started his own firm in 1999. He handles all types of personal injury claims, workers' compensation cases, wills/estate planning, probate, real estate/foreclosures, entertainment contract law and construction litigation. He handles cases in the Central Florida Area, as well as the entire State of Florida. He is a member of Florida Bar, Colorado Bar, and admitted to practice in the United States Middle District of Florida. In his spare time he enjoys practicing martial arts, fishing and racing. He currently lives in the Winter Park area with his wife and daughter. The hiring of a lawyer is an important decision that should not be based solely upon advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. |
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