A Detailed Guide to Free Probate Legal Advice

An Overview of Probate and its Significance

To put it simply, probate is a legal process through which a deceased person’s estate is administered. This process validates the deceased person’s Will, pays the estate’s debts, and distributes the estate among the deceased person’s beneficiaries, heirs, and family members. In order for a Will written in Canada to be valid at the time of probate, the Will must be properly executed according to the laws of the jurisdiction that the deceased person lived in. The Will must be signed by the deceased while they were of sound mind, and the person who witnessed the signing of the Will cannot be a beneficiary of the Will. Notably, in some circumstances, valid Wills are contested for various reasons, and a court battle ensues.
It’s important to note how crucial probate is in legitimizing a deceased person’s Will. Everyone has an idea of what the ordinary duties of an executor are which include distributing assets to the beneficiaries and paying outstanding debts. Wills are drafted in such a way that the beneficiaries don’t gain any interest in the Distributable Estate until the estate is distributed, which usually only happens after all the taxes are paid.
If you’re appointed as an executor in a Will, you can easily understand the value of legal advice if you ever have to deal with several financial institutions, tax agencies , and third parties who require proof of your executorship and the Will. Because of these financial obligations, it’s not uncommon to see estates be in debt, and in those circumstances, estate administrators must pay those debts out of the estate’s pocket. That’s where your role will be to convince the creditor that the estate is legitimately unable to pay the debts. If a creditor successfully proves that the debtor was still alive, and the creditor withdraws his/her money from the estate, the creditor’s debt is discharged by the debtor’s heirs.
A beneficiary of a Will can also face an issue with a creditor of the estate where the creditor presents a claim against the beneficiary regarding their inheritance from the estate. In that case, the beneficiary then has a right of recovery against the estate. For example, if one heir paid the estate’s $50,000 debt, and the estate distributed $150,000 to another heir, the paying heir is entitled to recover $50,000 from the beneficiary who’s holding the excess $100,000.
A good way to avoid these kinds of headaches is to distribute the estate at once. It’s preferable to distribute the estate soon after the debts are paid, as opposed to waiting for the expiration of the 6-month limitation period (which applies to creditors whom were present and proved their claim within six months of the first date of probate).

Sources of Free Probate Legal Advice

Each state has a law school or two with some sort of clinic or program that offers free legal advice. These programs have eligibility requirements and most are only able to assist individuals who meet the federal poverty income guidelines. Some states limit their services to those over the age of 60, but many do not.
Indiana, for example, has free legal advice clinics called "Ask a Lawyer." The clinics, operated by CLASP, offer legal advice clinics throughout the state. The clinics offer brief consultations to Indiana residents with legal questions about civil law matters. They are not "free legal representation" clinics.
The Indiana State Bar Association sets up a pro bono partnership with local bar associations to conduct these clinics once a month at a local library or the courthouse. The clinics are typically held between 4:00 PM and 6:00 PM, depending on the particular county. Individuals are advised to arrive early to fill out an intake sheet before meeting with a local attorney. The clinics last for about 30 minutes.
The Indiana Bar Association (ISBA) also has an Attorney On Dial program that connects individuals who have questions with pro bono attorneys. Individuals complete an online form and submit it to the ISBA. They will then be matched with an attorney for a one-time phone session. No appointment is necessary.
Community Legal Aid Services (CLAS) is a legal aid society that serves Indiana residents living in poverty. CLAS has ten offices in nine counties across the state, including Blackford, Delaware, Grant, Madison, Randolph, Howard, Union, Henry, and Wayne counties. The organization also offers a self-help center where individuals can obtain a variety of resources to address their legal needs, including a multi-state legal resource guide and online forms. Individuals can also find out if they qualify for legal aid.
The Michigan State Bar Association provides a directory of local lawyer referral services, including fee-based lawyer referral services and other services that do not charge a fee. Attorney referrals are offered via telephone hotlines and online.
The Michigan State Bar also offers a free legal aid advice hotline, known as the Lawyer Referral Service. Ordinarily, individuals must pay a fee to meet with a lawyer through the service. However, if you declare your household’s income does not exceed 200% of the federal poverty guideline, the first 30 minutes of legal advice may be free.
All 50 states also have a legal aid society to help people in need locate affordable legal services. Community legal assistance organizations usually provide free legal advice and assistance to individuals with low and moderate incomes. Those who do not qualify for legal aid may still be able to obtain affordable legal services for a sliding scale fee.
Free legal advice may also be offered by local law school clinics. Many law schools feature clinics, which allow law students to work with supervising attorneys to provide legal assistance to local residents. Practicing attorneys at the clinic evaluate each potential case to determine whether it can be handled by students. Students are involved in all aspects of the case, from interviews with clients to research and drafting legal documents. Clinics may assist with both civil and criminal cases.

The Advantages and Disadvantages of Free Legal Advice

Pros: A significant advantage is the accessibility of a free legal advice service. Many people either cannot afford, or may be reluctant to engage a probate lawyer in Houston in order to ask questions to see whether the lawyer is willing to take their case. The accessibility of the free service enables that to be done without the need to pay out substantial sums of money. This, in addition, means that any concerns about privacy are met.
Furthermore, the fact that this is a highly specialized field means that you can get precise, concise, and clear answers to your questions, without having to wade through hours of material or have your time wasted by lawyers who claim to know more than they actually do.
Cons: In some cases, this can be a problem; while it’s generally not the case that a lawyer is going to give you incorrect information, the question of applicability may still be confusing to many people. Particularly where the answer to a question is not universal (e.g. because the question is too vague or simple), being able to easily verify the information provided will be of great value.
The cost may be prohibitive for some, especially if you have a series of intensive questions on an unclear topic. However, it’s important to weigh this cost against the cost of hiring probate lawyers in Houston to assist in your case; more than often, the absence of this initial cost can save you from hiring an attorney who may charge more than is worthwhile.

How to Prepare for a Free Legal Consultation

When preparing to meet with an attorney about a probate issue, it is a good idea to bring along certain documentation. Preparing in advance for a free consultation will help you maximize the value of this one-time opportunity. Your attorney cannot legally provide advice or recommendations until he or she knows the specific circumstances regarding your case. Documentation that may be helpful in organizing your thoughts to discuss your matter with a professional includes, but is not limited to: After gathering the documents above, compile a list of questions to bring to your free consultation. Knowing the right questions to ask is essential to learning the information you need to know. It may be helpful to write down questions to bring with you during the appointment. This will reduce the possibility of forgetting the questions you would like to ask. Important questions to consider including: When meeting or speaking with a lawyer for the first time , keep in mind that one visit is not necessarily able to address every concern you have. Speak with your attorney about follow-up meetings to help your situation. In some cases, your attorney will provide you with a multitude of information and may offer advice during a single consultation. However, in other instances, when information provided by your lawyer is confusing and an answer seems to create more questions than it answers, a second consultation may be necessary. Speaking to your lawyer over the phone or returning to his or her office is appropriate if not all of your questions were addressed during the initial meeting. Most of all, make sure you are satisfied with the answers provided by your attorney at the end of your first consultation. If you’re unsure about the advice given or unsettled about the experience, look for a different lawyer to represent you.

Commonly Asked Questions about Probate

Often, the best referral source for me is a court staff member who can point out people who clearly could have used a lawyer, and advising them to retain one for their specific case. While a judge may be empowered to provide such advice, they don’t see everyone as they enter or leave the courtroom—staff is always there.
Court staff come across these questions frequently all day long; not only do they understand the court processes better than most lawyers, but they also know we do not charge for initial legal advice about a probate problem.
The list is not exclusive and not in any order. Rather, the following is a list of the most common probate legal questions we run into:

How do I sell the house owned by my parent who just died?
The house owned by my mother is worth over $100,000—is that a probate matter?
This will has a codicil (an amendment)—is that a probate matter?
My parents just died. Do I need to probate their wills?
My husband died, and I need to sell his house and go through probate. Are there any shortcuts?
My mother left me a trailer and a pile of old stuff—do I need to file for probate?
Are trusts necessary for probate?
I have my mom’s will—is that enough?
What happens if my brother was not competent when he signed his will?
My husband had a three-page will—does that make sense?
My son got his inheritance but the others are upset—can they contest the will?
My uncle had a will that my other aunt tampered with—is it contestable?
My aunt had a will—a self-proving one, I think—in addition to a trust. Does she need both?
My mom left her entire estate to my brother—does he owe me anything?
My uncle put my name on his bank account; I’m his favorite niece—do I owe anything to his kids?
My wife died, and I sold her half of the car to my brother; is that good enough?
If a person dies without a will—and no kids, no parents, no husband or wife either—is it a probate matter?
My mom had a doctor and they allowed her to sign papers—do I need a probate?
Here’s the will but my mom signed it in the wrong year (and the wrong month)—any shortcuts?

Other Options to Explore

Alternative options to consider are a low cost legal services option. We’re all familiar with the ads on television for legal plans, we’re not talking about those. There are some plans available to provide a local attorney that deals with these things on a regular basis. If you think that you will have ongoing legal issues with your probates, this may be worth your time to consider. Food for thought from someone that spent most of his life on retainer for as much of his time as the client wanted but times have changed.
Another option is payment plans. Some local lawyers will work with you until the probates are completed and paid out . You are probably going to pay more money in the end, but if you have the funds, and you need some guidance then it may be worth while.
The last option some people find is insurance for legal expenses. This is one of the more common plans in Canada. There are some restrictions on how much you can claim as well as the ability to limit the amount of the fees. Be sure to read the fine print and understand how it works. I’ve had a few clients find this option to be more than sufficient for their needs.
So if you have gone through the probate process at least once, and you feel more comfortable in continuing to manage your probates on your own, then go for it. Otherwise take the time to find the right fit for you—and your wallet.