Getting Legal Help
When a family member dies, a good lawyer can aid the family in solving many legal questions.
Most of your legal questions will have to do with settling the estate, or financial affairs, of the person who died. Most simply, this is the process of collecting whatever the person has and passing it on to the next person. In some circumstances, settling an estate can be relatively simple. But it can become more involved depending on what the deceased person (decedent) owned at death, how assets are titled, whether there are significant debts or taxes, and what complications develop in sorting out the person's affairs and wishes.
When a family member dies unexpectedly, you may have questions about closing out business affairs, identifying pension or insurance benefits, determining outstanding debts, terminating leases, and arranging for the financial security of surviving family members. For larger estates that go through the "probate" process, the court will appoint an executor (when there is a will) or personal representative (if there is no will). The executor or personal representative will have the legal responsibility to settle the probate estate. Even with simple estates, someone will need to take charge of handling the business details, such as notifying banks and distributing personal effects. The more complicated the decedent's affairs, the more likely that the family, executor, or personal representative will want professional guidance.
What can you do on your own?
You should be aware of where you can get help before contacting a lawyer. A court clerk may have booklets or sample forms explaining how to probate a simple estate. State or county bar associations generally have useful information about basic legal procedures. Check with your public library for books on legal issues.
What kind of lawyer do you need?
Lawyers concentrate their practices in certain areas. You will want a lawyer who has experience handling cases like yours. Even the best corporate lawyer may not be the one to go to for help in settling an estate. Lawyers who concentrate on "probate" or "estates" should be able to assist you with the variety of legal issues that may develop. Always ask the lawyer what percent of his or her time is spent on estate matters.
What free legal help could I get?
Free legal assistance may be available. If you (not the decedent) are over 60, contact your local Area Agency on Aging to find out about free legal services. Check the county government pages of your phone book for the telephone number. Eligibility for legal help depends on the nature of your legal problem and your age, with priority given to persons in the greatest need.
Many bar associations provide free (pro bono) services to special types of clients. For example, in response to the September 11th tragedy, the American Bar Association (ABA) and state and county bar associations in New York, New Jersey, Virginia, and the District of Columbia are offering free legal assistance to victims' families. Call 1-866-606-0626 or visit the ABA's Web site to learn more about the assistance available.
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