Probate Attorney Says One Thing to One Heir One Thing to Another – 4 Things to Remember When Selecting Your Probate Attorney

Some relationships last a lifetime like a good barber and his customers, others  like a drive thru are just less personal. Believe it or not relationships with your different attorneys is very similar, if you are injured in a crash you may not ever use that PI (personal injury) attorney again, but if you use a tax attorney, my guess you are going to want to see that guy again and again. A probate attorney should also be a repeat offender in your legal arsenal— pick one you like. A 2014 case out of Massachusetts shows the dangers of an ill chosen probate attorney. 

• The Plaintiff (also an heir) was a former co-executor (in Florida we call these Personal Representative) of the decedent’s estate and brought an action (lawsuit) against the estate’s attorney.
• The Estate’s attorney was also a co-executor, asserting that the attorney breached his fiduciary duty, committed fraud and tortiously interferred with an inheritance.(Florida like Massachusetts is one of the States that recognizes a tort for interferences with an inheritance meaning you can sue in the civil court even if you do not get your way in the probate court.)
• The attorney told the Plaintiff that the estate plan was all in order or “kosher” as one may say, all the while the attorney was contacting distant relatives and telling them to challenge the will. 
• Its unlikely this attorney was doing this for the money though as he cannot represent the relatives because it would be a conflict of interest but that does not mean he had alterior motives that cannot be garnered from the case’s ruling.

When you finally decide on an estate planner and probate attorney, make sure to shop around and find someone you like:

1. Just because you showed up in the office does not mean you have to go with thatFlorida Probate Attorney, if you do not like the service, then leave and find an attorney that suits your needs. Remember this relationship goes far beyond the signing of your will as the attorney will be a repository (in many cases) of your documents and even your heirs will have to deal with this attorney at some point. In other words do not be afraid to shop around.
2. Customer service is imporant. A good lawyer is still going to give you good customer service and if they can not return your call why would you assume they can re-file your property into a trust?
3. Few things are in stone (an exception may be that irrevocable trust you set up!) and you can always terminate your relationship with an attorney, if things are not working out let them know.
4. Find out the financials! An experienced Palm Beach Probate Attorney will always reduce your agreements to writing and explain their fees to you, and if that is not happening you should be alarmed. Dont get bullied into paying for things you do not need or do not understand, a recent case I blogged about yesterday shows its the attorneys job to explain there fees to you and if need to be the court.

Want to learn more about how to select a Palm Beach Probate Attorney along with tons of informative videos on guardianship, probate, estate planning and more? Check out our FAQ video library here.

Want to read the entire case? Check out Spinnato v. Goldman et. al.