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The attorney and court involved probate process can be difficult. And heirs are sometimes misled by the attorney who wrote the will.
Estate attorneys know that the real money in writing wills is not in the writing in the will, but in the probate of the will after the testator dies. Legal fees for probate typically far exceed the legal fees for the creation of the last will and testament.
Some lawyer offer “as a courtesy” to their clients, to keep the client’s original will. Lawyers know thta the original will must be produced upon the death of the testator. But by keeping the will, the attorney knows that the executor and heirs must “come through the attorney” to get access to any inheritance after the testator dies.
Other lawyers, when drafting wills, include a provision that the attorney is appointed as the attorney for the executor or the estate. While the provision is nonbinding. the provision misleads executors and heirs into thinking that the heirs are “stuck” using the legal services of the attorney who wrote the will, and thus stuck with whatever arrangements the attorney makes up.
Probate can be hard enough. Those in charge of completing it should not have to feel misled that they are forced to use the legal services of a particular attorney.
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Paul Rabalais
Estate Planning Attorney…(read more)
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Probate is a legal process that takes place after someone’s death, where their assets are distributed to their heirs or beneficiaries. Unfortunately, because of the complexity of probate laws and the vulnerability of grieving individuals, some unscrupulous probate attorneys have devised shady ploys to take advantage of their clients and manipulate the system for personal gain. In this article, we will shed light on two common probate attorney ploys that you should be aware of.
1. Overcharging for services: One of the most prevalent ploys employed by shady probate attorneys is overcharging for their services. Since most people are unfamiliar with the intricacies of probate laws, they often rely heavily on their attorney’s guidance throughout the process. This puts them in a vulnerable position, susceptible to being overcharged. These attorneys may pad their bills with exorbitant fees, billing for unnecessary tasks, or inflating the time spent on the case.
To avoid falling victim to this ploy, it is crucial to set clear expectations with your attorney from the outset. Ensure you have a written agreement detailing the attorney’s fees and the services they will provide. It is also recommended to consult multiple attorneys to compare their rates and services before making a decision. Additionally, regularly review the itemized billing statements provided by your attorney to identify any irregularities or unjustified charges.
2. Undervaluing assets: Another shady ploy employed by some probate attorneys is undervaluing assets in order to reduce estate taxes or increase their fees. Manipulating the value of assets can have significant financial implications for the beneficiaries and the overall distribution of the estate. This could result in beneficiaries receiving less than what they are entitled to, while the attorney benefits from higher fees based on the undervalued assets.
To protect yourself from this ploy, it is advisable to conduct thorough research on the value of assets independently. Seek appraisals from professionals in relevant fields to ensure accuracy. It is also recommended to involve multiple beneficiaries in the valuation process to prevent any conflicts of interest or manipulation by an attorney. If you suspect undervaluation, consult another attorney or seek legal advice to rectify the situation.
In conclusion, it is unfortunate that there are probate attorneys who engage in shady ploys to exploit their clients during an already difficult time. Overcharging for services and undervaluing assets are just two common examples of these unethical practices. To protect yourself, it is crucial to be informed, set clear expectations with your attorney, and conduct independent research when necessary. Remember, probate is meant to ensure a fair distribution of assets, not an opportunity for attorneys to take advantage of vulnerable clients.
Suspicious? 2weeks prior to death will had been changed
What if only half of the will was brought or shown ?… missing 4 of the last pages of eight, including process of appointing a new trustee
My aunt’s attorney want us to sign a declination for a invalid will. Why? Could it be they have the original will and that decline letter will apply to all?
Your videos are fascinating,
A another ?. My property in holiday lakes in been fined .they say it is not clean enough. We are in the dark about how many fines they are doing .tell the end of the year .tell they give us our po dues. What lawyer do i need to fight them on this.
Ok for my self and husband .
We would like to sat out estate in a trust.
All things be sold .and money be infested .the kids would get a mount.from the infest . of dollars each month
10:08
Thank you .great answer
My wife was awarded 57% of her mother's property. And we are being told we are getting evicted and it's getting sold. Is this legal?
Thank you for this video Thumb Button smashed 🙂
I went to court yesterday my Mom has a collector car worth alot well my sister has a friend who's a lawyer we tried stopping my sister from selling the car we want the car sold just not by her.
She wants storage fee's because she stored it in het garage there's gonna be a appraisal fee and on and on everything will turn out favorable for my sister. The judge would not even let us say anything it was a joke we don't have the money to hire a lawyer my sister's friend isn't charging her anything.
The will say's the car was to be sold and money go to the grandchildren which that won't happen.
Is there anything that can be done we will have no clue about ANYTHING!
My Uncle passed away late last year (2022) His partner is selling his property even though I don’t think it’s gone through probate. We cannot find the probate in the public domain. My uncle’s partner stands to benefit everything from this sale of the house. I’m not sure she has the legal right to sell the house. I would like to buy my uncle’s house but she will not sell it to me, she has accepted an offer on the property from someone else but I think she should be stopped as she does not have the legal right to sell the property. Can anyone offer any advice?
My husband is the executor of his father's estate that never had a Will. His father owned lots of commercial properties and a couple ranches. There is an attorney in California claiming that he will not use the proceeds from the sale of a ranch to pay off the estate debt UNTIL HE GETS HIS CUT/PAYMENT!!! HUH?! He works for the estate and his job is to write checks to debtors and banks to pay off loans/debt but he wants his cut BEFORE THIS. Please tell me this is not real? Help me to understand what's going on! Thank you!!!!
FILE A CAVEAT
Great video , on point !
They disinherit heirs……..always in danger……very dangerous job……..get shot
Oh, those are shady moves. Like…..why not just make money honestly?