What type of and where to hire an attorney.

[questioner_12]

What is the name of your state? PA

My partner lost his father to cancer about 2 weeks ago. His father lived about 130 miles from us.
My partner's only older brother (who lived near their father) was named Executor of the Will and was given Power of Attorney. No other siblings.
My partner was not mentioned in the Will at all.
My partner's father's surviving "live in girlfriend" of about 5 years was also mentioned in the Will as what ever the brother did not want she would get.

Assets - Approximately:
Real Estate (home paid for), cash in at home vault, bank accounts, personal property = $240,000

My partner and his brother were on good terms and still are but the edges are starting to wilt. The Will has not even gone into Probate (which I assume it must do first) and his brother is spending the assets of the estate already - such as:
Trading in their father's new car that he paid cash for about 8 months ago (dealer gave him $26,000 cash)
Money in safe at home - around $10,000
Took this $36,000 and his brother paid off his pick up truck that he bought about 9 months ago.

My partner asked his brother why he did that and his brother said because he is the Executor, has power of attorney and everything went to him so my partner has no say in what he does.

Needless to say - my partner wants to obtain the services of an attorney to contest the Will.

What type of attorney should he look for?
Since we are talking about 130 miles should my partner hire an attorney that is in his brother's area where he lives or can my partner hire one where we live? Which would be better.

If my partner hires an attorney has does the attorney get paid?

If you need more information please let me know.

Thank you

 

[Ohiogal]

He needs a probate attorney in PA.

 

[questioner_12]

Understood.

Should this attorney practice near us or near where his father lived (130 miles away) or does it not matter?

 

[t74]

Near father. Attorney should be estate law specialist in the county where father died. Reality check time: contesting a will is expensive. The funds in the estate pays the estate's expenses and partner pays his own

Brother's distribution of the estate is very premature as many of father's debts are not likely to be known as yet. Action should be taken immediately to stop the disapprobation of the estate's assets.

If brother refuses to enter will for probate, your partner can apply to be executor of the estate which will either force production of the will or partner will assume the responsibility.

POA is void upon death.

Titles of ownership of the car (and house) is important. It could have been jointly owned by father and brother in which case it became brother's alone. Bank accounts may be pay on death and not in the estate.

There are good resources on the web on what is required to settle an estate. That being said, since real estate and a live-in girlfriend are involved, an attorney is in your partner's best interest.

 

[adjusterjack]

If my partner hires an attorney has does the attorney get paid?

By your partner.

The attorney will probably want a large retainer up front.

 

[LdiJ]

What is the name of your state? PA

My partner lost his father to cancer about 2 weeks ago. His father lived about 130 miles from us.
My partner's only older brother (who lived near their father) was named Executor of the Will and was given Power of Attorney. No other siblings.
My partner was not mentioned in the Will at all.
My partner's father's surviving "live in girlfriend" of about 5 years was also mentioned in the Will as what ever the brother did not want she would get.

Assets - Approximately:
Real Estate (home paid for), cash in at home vault, bank accounts, personal property = $240,000

My partner and his brother were on good terms and still are but the edges are starting to wilt. The Will has not even gone into Probate (which I assume it must do first) and his brother is spending the assets of the estate already - such as:
Trading in their father's new car that he paid cash for about 8 months ago (dealer gave him $26,000 cash)
Money in safe at home - around $10,000
Took this $36,000 and his brother paid off his pick up truck that he bought about 9 months ago.

My partner asked his brother why he did that and his brother said because he is the Executor, has power of attorney and everything went to him so my partner has no say in what he does.

Needless to say - my partner wants to obtain the services of an attorney to contest the Will.

What type of attorney should he look for?
Since we are talking about 130 miles should my partner hire an attorney that is in his brother's area where he lives or can my partner hire one where we live? Which would be better.

If my partner hires an attorney has does the attorney get paid?

If you need more information please let me know.

Thank you

Your partner would likely want to hire an attorney in the area where the father lived prior to passing away. However, a person is free to leave their money to whomever they like, and it may be that your partner would waste his money paying for the attorney, as he would have to pay the attorney himself.

 

[commentator]

Your partner has seen the will? You know what is in it? Why "contest the will"? This is, as has been stated, quite expensive. If he has seen the will, and it does not include your partner, perhaps it was your father's intention to leave everything to the brother, mentioning the live in girlfriend, and a contest would not be a profitable venture.

 

[Zigner]

It's also possible that the will could be contested on the basis of mistake. If the OP was truly not mentioned at all in the will, then it could be argued that the testator made a mistake by not mentioning one of his children.

 

[questioner_12]

I would truly like to thank each and every one of you that has given their advice so far!

I will attempt to answer some of the questions or make comments/expand on what was written in the replies. Trying to keep my answers short and to the point.

Ok attorney should be:
estate law specialist / probate attorney
Understood

Attorney should be in the county where the father died - OK. Father died and lived in the same county and the attorney of the father who drafted the Will is in the same county. My partner's concern is if he uses an attorney in the same county and they know each other and are friends how might that affect the situation. My boss has given me the name of his attorney who does happen to be an estate law specialist but we live several counties away. What advantages/disadvantages are there to hiring an attorney from another county but also within the same state of Penn?

I understand that my partner would have to pay his attorney out of his pocket and the estate would pay for any attorney on their end.

My partner and his brother went to the office of the attorney who made their father's Will and the attorney said he/his firm would settle the estate for 40% of the value. My partner told the attorney no way and they walked out.

Father was totally illiterate. Could not read or write the English language at all.

Partner's brother had a much better relationship with their father. Brother is not so bright at all. He is basically a few sandwiches short of a picnic basket and he is struggling to try and perform as the Executor. My partner has been aiding him since the father's death on Jan 02 but my partner really does not know what the functions of an Executor are and starting to realize that his brother wants his help but has full intentions of not giving my partner anything. Well he gave my partner their father's coin collection and hunting rifles as I guess a little thank you to my partner. My partner does not even like guns.

House is paid for but the Deed is in both father and mother's name. Mother passed on about 13 years ago. Father never changed the Deed to reflect her death.

Title for the car that was sold back to the dealership on Friday where brother took the proceeds $26,000 to pay off his own truck. Title is in fact in only the father's name. My partner saw the Title to the car as he was also present at the dealership. My partner buys and sells cars so he is very familiar with Title face. Brother told dealership he has power of attorney to sign over the Title to them.

POA: Void after death of father. Then how are important legal documents executed? I would assume the brother is acting as Excecutor of the Will so then legally he can sign any documents etc after the father's death.

My partner has read the Will as recently as just last week after the father passing so nothing could have been changed by the father prior to passing.

Partner and his brother basically thru father's girlfriend out of the house as recently as just last week. She had lived with their father for years. She has left and comes back here and there for some belongings. Again she is mentioned in the Will of their father's.

Since father's girlfriend is the only other person mentioned in the father's Will other than the brother who is supposed to get everything how will this play out if my partner attempts to contest the Will? The Will states that anything that brother does not want will go to girlfriend. Also it states the brother must live at least 30 days after the death of the father? Don't know what that means.

I just tried to throw out to you all the facts that I know so far for some general advice. Since father's girlfriend was actually mentioned in the Will I would assume she has more right to anything (even better chance of contesting the will) than my partner who was not mentioned at all in the Will.

I really don't think my partner wants to be the Executor of the will at this point. He does not know how that will benefit him at all other than it benefiting his brother and his father's girlfriend.

Brother wants to sign over Title of another vehicle to my partner. Reasoning is that it is an antique and worth around $60,000. Brother wants to state on Bill of Sale that the value of the car is only $5,000. No money will be exchange between my partner and his brother - only on paper for transfer of title tax. Brother is assuming that if he signs over the car then he himself will/may have to pay less inheritance tax. I told my partner, might be better to accept the vehicle for value of $5,000 and just say the hell with the contesting of the will and his brother and not sign the car back over to his brother when all is said and done. I would think much better chance of getting something out of his father's will than contesting it. Does the brother have the right to sign over the title of this antique car to my partner?

Brother has in his mind that he does not have to put the Will thru probate court and that he can do as he pleases with all properties - even bank accounts (which are only in father's name) and he feels he can spend it any way he pleases. Is this legal?

Brother is married presently. My partner and his brother's wife do not get along all. Brother's wife is very manipulative and has great influence on her husband, my partners brother.

I hope I have answered as much as I could. Some of my answers may be out of sequence - sorry.

Thank you again for your help.

 

[zddoodah]

My partner's only older brother (who lived near their father) was named Executor of the Will and was given Power of Attorney.

My partner asked his brother why he did that and his brother said because he is the Executor, has power of attorney and everything went to him so my partner has no say in what he does.

First of all, I assume "partner" means boyfriend. In any event, the authority conferred by the POA died the moment his father did. Additionally, while your boyfriend's brother may have been nominated in their father's will to serve as executor, that nomination is not effective until and unless the probate court actually appoints him to be the executor. Until that happens, your boyfriend's brother has no legal right to dispose of estate assets. However, unless there is a valid basis to contest the will, it won't end up mattering all that much.

Needless to say - my partner wants to obtain the services of an attorney to contest the Will.

On what basis? Simply being left out of a parent's will is not a basis for contesting it.

What type of attorney should he look for?

A probate litigator.

Since we are talking about 130 miles should my partner hire an attorney that is in his brother's area where he lives or can my partner hire one where we live? Which would be better.

He would want an attorney who practices in the county where the estate will be probated, which likely will be the father's county of residence at the time of his death.

If my partner hires an attorney has does the attorney get paid?

By your boyfriend.

POA: Void after death of father. Then how are important legal documents executed?

What documents? Executed by whom? And when?

 

[quincy]

... Attorney should be in the county where the father died - OK. Father died and lived in the same county and the attorney of the father who drafted the Will is in the same county. My partner's concern is if he uses an attorney in the same county and they know each other and are friends how might that affect the situation. My boss has given me the name of his attorney who does happen to be an estate law specialist but we live several counties away. What advantages/disadvantages are there to hiring an attorney from another county but also within the same state of Penn? ...

There are pluses and minuses to each.

Getting a recommendation for an attorney from someone you trust can often be better than hiring an attorney without knowing much about the attorney in advance. The problem with hiring an attorney out-of-county can often be boiled down to cost (e.g., an increased in travel costs).

One concern your partner probably shouldn’t have is that the attorneys know each other or are friends. The attorneys personal relationships with each other should not interfere with their professional relationships with their clients. And knowing in advance that the attorneys like each other enough to be able to work well together is often an advantage.

Your partner should do pre-hire interviews with more than one attorney before settling on one, to compare rates and services and credentials and your partner’s comfort level with the attorney.

 

[t74]

I thought the cost of probate by the attorney (approx. $100,000) to be excessive for a normal uncontested, relatively small estate.

Was the value of the antique car part of the estate? Gifting of property that might have to be sold to pay the debts of the estate is a bad idea. Partner should not dispose of what he has received. He should also not participate in any fraud. The value of the estate is too small for federal estate taxes. Partner needs to check on PA rates.

IMO, car dealership should be notified of the death of the owner prior to the transfer of title to the car if brother was not co-owner of the car. Supply a copy of the death certificate.

This entire situation sounds like a lose-lose for your partner. If brother is as inept as you described, partner should object according to proper procedure to his (brother's) appointment as executor in order to protect the creditors and girlfriend. He could then collect a fee as executor if the will provides for one to be paid. That would insure others would not be hurt by brother's failures to follow the proper procedures.

Note: handling the affairs of an estate can be time consuming and frustrating. It can irreparably damage family relationships. Partner needs to consider the answers given here and decide if he wants to pay to fight a likely losing battle for a share of the estate, help his brother for whatever he is given, or walk away. Remind him that what is being done by brother at this point does not reflect upon his parents affection for him; elderly parents can too often be put in situations in a will because of their dependence on the person who benefits in the will even though this may not be the parents' true intent.

 

[quincy]

I thought the cost of probate by the attorney (approx. $100,000) to be excessive for a normal uncontested, relatively small estate.

Was the value of the antique car part of the estate? Gifting of property that might have to be sold to pay the debts of the estate is a bad idea. Partner should not dispose of what he has received. He should also not participate in any fraud. The value of the estate is too small for federal estate taxes. Partner needs to check on PA rates.

IMO, car dealership should be notified of the death of the owner prior to the transfer of title to the car if brother was not co-owner of the car. Supply a copy of the death certificate.

This entire situation sounds like a lose-lose for your partner. If brother is as inept as you described, partner should object according to proper procedure to his (brother's) appointment as executor in order to protect the creditors and girlfriend. He could then collect a fee as executor if the will provides for one to be paid. That would insure others would not be hurt by brother's failures to follow the proper procedures.

Note: handling the affairs of an estate can be time consuming and frustrating. It can irreparably damage family relationships. Partner needs to consider the answers given here and decide if he wants to pay to fight a likely losing battle for a share of the estate, help his brother for whatever he is given, or walk away. Remind him that what is being done by brother at this point does not reflect upon his parents affection for him; elderly parents can too often be put in situations in a will because of their dependence on the person who benefits in the will even though this may not be the parents' true intent.

The 40% mentioned could be a misprint or a misunderstanding. A 3% or 4% attorney fee is about right for the size of estate.

 

[t74]

The 40% mentioned could be a misprint or a misunderstanding. A 3% or 4% attorney fee is about right for the size of estate.

The quote of a fee could have been large because the attorney did not want the relatively small job and wanted to discourage the brothers.

 

[quincy]

The quote of a fee could have been large because the attorney did not want the relatively small job and wanted to discourage the brothers.

Most attorneys won’t do that. It is unethical. They will simply decline to handle a matter.

Here is a link to the “Johnson Estate Guidelines” to which many attorneys will refer when determining their fee:

https://www.estateexec.com/Docs/Compensation?state_abbrev=PA