In the U.S., 56% of Americans believe that estate planning is important, but only 33% of adults have documented their end-of-life plans. Estate planning provides an efficient and orderly transfer of assets to designated beneficiaries, minimizes taxes, and protects their interests.

Issues with handling and dividing up a deceased person’s assets are a common source of estate disputes. Disputes like these, which frequently involve beneficiaries, executors, and family members, may be extremely heated and difficult to resolve.

According to Greco Law, P.C., a free consultation with an estate litigation lawyer can help you understand your case better and provide legal advice that is specific to your needs. To get the most from this consultation, you must ask the right questions. 

In this article, you will learn what questions to ask an estate litigation lawyer during their free consultation.

What Is Your Experience With Estate Litigation Cases?

Inquire with your prospective estate litigation attorney about their experience handling cases similar to yours. Ask how long they have practiced estate litigation, how many similar cases they have handled, and how well they understand your difficulties.

What is the percentage of cases won by their law firm? Were there any contested wills and trusts or fiduciary disputes in their past cases? Investigate how they negotiate and present in court.

Find out if you can request references or testimonials from previous clients to help support your case. An estate litigator would understand how to handle the complexities of an estate lawsuit while in court.

Always take advantage of an estate litigation lawyer’s free consultation to ask questions, assess their experience, and determine if they’re the right fit for your case.

How Do You Approach Case Strategy and Planning?

An attorney begins developing estate litigation strategies after reviewing relevant case materials such as facts, legal issues, and potential roadblocks.

They will carefully study relevant documents, including wills, trusts, or financial records, to have a more profound understanding of the circumstances of your case. They will help define your goals and discuss how to achieve them through negotiations or litigation.

A substantive legal strategy must anticipate how the opposing party will respond and have counterarguments ready. Expect your lawyer to discuss the possible outcomes and the potential time frames  of your case. Your lawyer is also responsible for keeping you up to date throughout the legal process.

What Are Your Fees and Billing Practices?

You should question what the fees and billing practices are for estate litigation counsel. Inquire about the type of their fees. Is it a flat fee, hourly charges, or do they work on a contingency basis? Knowing the payment structure for your legal counsel early on helps you plan your budget accordingly and avoid financial surprises in the future.

Inquire about any additional costs, such as filing fees and expert witness fees, that may arise during your case. 

Get clarification on how they track billable hours and what happens if your case takes longer than originally anticipated. It will provide a thorough understanding of the financial aspects of hiring legal representation.

Can You Provide References or Testimonials From Previous Clients?

Speak to your estate litigation attorney and check if they can provide any referrals, testimonials, or whatever they may have from past clients. These referrals will provide you with firsthand information from other clients, which will enhance your understanding of the lawyer’s working style. 

Estate litigation attorneys who are confident in the value of their work will gladly share success stories and contact information.

Be observant of the lawyer’s reaction when you ask for references. Do they provide you with detailed information about previous cases? Are the testimonials almost entirely positive and specific?

Assessing the lawyer’s transparency with regard to their previous cases will allow you to evaluate their qualifications and determine whether they meet your needs. 

How Will You Communicate With Me Throughout the Process?

Communication is one of the most important aspects of estate litigation. How will your attorney update you during the length of your litigation? Will it be by phone calls, emails, or meetings? You must know how much and when to expect updates on your case.

You will definitely want to know the schedule regarding timelines for communication. Inquire about how quickly you can expect them to respond, particularly during critical moments in the case.

Maintaining a communication-friendly document helps to eliminate confusion. Seasoned lawyers prioritize communication, allowing you to confidently manage your case. Clear communication provides peace of mind and fosters trust between you and your legal counsel.