We Don't Know What We Don't Know
Estate attorneys and probate attorneys attend the same law schools, take the same classes, break the same rules, and act like college students for as long as they can before real-world responsibility grabs hold of them. Law Review brings on many days and nights of intense study and often second guessing oneself, before reaching down and finding the determination necessary to carry them through. Finally, they must all pass the BAR Exam for their states before they can hang out a shingle and get to work finding clients.
Estate Attorneys select certain electives that allow them to specialize in that area of the law. While Probate Attorneys prefer to choose a direction of specialization in Probate Law. The reality is that they are like mirror twins. In everyday practice, Estate Attorneys take on many Probate cases, while Probate Attorneys take on many Estate Planning cases.
The biggest difference then, is a matter of timing. If a person is going to create a Last Will and Testament, he or she will probably seek the services of an Estate Attorney. If the Testator passes away and execution of the will falls upon the shoulders of the Personal Representative (PR), he or she will likely seek to hire a Probate Attorney.
Either way, George Wallace at Estate Settlement Partners has created one of the fastest growing networks of highly skilled professionals, across the entire gamut of specialties that can bring real value to families involved in the Probate process. Of course, our network includes both Estate and Probate Attorneys. Or both!All you need to do is make one phone call to George Wallace and we will take it from there!
Below you will find two brief scenarios I created to help you get a better glimpse into the world of Estate Planning Attorneys and Probate Attorneys.
Scenario #1: Selecting an Estate Atorney
You find yourself in a situation where you feel the time has arrived to make some serious plans. Through a lifetime of hard work, industry, and thrift, you have created a certain amount of wealth in either physical or financial assets. Before it’s too late, you want to take action on how you’d like to distribute the fruits of your labor to family members, friends, or your favorite charities. You know in your heart of hearts that you want to do the right thing by everyone involved. You’re just not sure about where to start. The entire process is like an alien language to you.
This is the time to retain the services of an Estate Attorney. However, the same difficulty as to where you begin arises yet again. You could call George Wallace at Estate Settlement Partners (ESP) and be connected immediately to one of the pre-vetted Estate Attorneys with whom George has an established referral relationship. You could seek recommendations from folks you know who have already created a Last Will and Testament. Or you could open your laptop and seek the advice of the most powerful Search Engine on the planet, that being Google!
Selecting the “Call George Wallace” option also gets you connected to the fastest growing network of highly skilled professionals that, when the time is right, can step into any area of the probate process imaginable, especially if there is a house to be sold as part of the estate settlement. You would be leaving your Personal Representative in a great position! You may even be able to stipulate doing so in your will.
Please do not think that you can just walk into Probate Court with a pile of papers and make sense to anyone compassionate enough to lend you a very temporary ear. The water that gathers around your ankles will soon surround you, and you’ll be in way over your head, looking for the closest life preserver.
Scenario #2: Selecting A Probate Attorney
Someone you know very well has recently passed away. This person could be a family member or someone who has played an important role in your life. You have been named as the Personal Representative or The Executor of the Estate, and it is now your responsibility to ensure the decedent’s wishes, as expressed in the Last Will and Testament, are carried out.
You feel honored to have been named as the Personal Representative of the estate, and you feel a great deal of responsibility riding on your shoulders. To have been trusted enough to speak for someone who is no longer capable of speaking for himself, is quite humbling. Little did you know that along with the honor of being the PR, comes many duties that you have never been exposed to and you find are somewhat confusing and overwhelming. It often feels like you have just taken on an extra full-time job. You also wonder if the deceased was aware of how much work this was going to be for you, and is now rolling in his grave, laughing uncontrollably!
Now is the time for you to look for, and retain, the services of a good Probate Attorney. The last thing you should do is go to probate court and file the case on your own. Just like the person who was named as the Personal Representative long before the Testator has taken a final breath, you’ll be getting in over your head before your foot even touches the water. That you will need legal assistance is not up for debate, and you have many avenues open to you.
At Estate Settlement Partners, we think it is a very good idea for you to call George Wallace and ask to be referred to one of his pre-vetted, and superbly trusted attorneys, for your consideration.