How to Know a Family Lawyer is Doing His Job

Introduction

More than likely, you have used the services of an attorney, whether to write a will, fight a speeding ticket, buy a house or represent us in some other civil matter. You may have received bills for services where every minute spent by the attorney or his staff is listed in excruciating detail. How do you know if your family attorney is doing a good job for you?

Assuming that you've chosen an attorney after some sensible research, you should be an informed consumer of legal services. Ask yourself a few questions--and if you don't know the answer, ask your attorney before taking further action. Read on to learn more.

Instructions

Difficulty: Moderate

Things You'll Need

• Access to the Internet or a public library

Steps

1

Step One

Are you informed of court dates, filings and other events in your case's history? Frequently, if a litigant (that's you) is represented by an attorney, courts send notices of appearance to the attorney of record, presuming that the attorney will communicate with her client. If you miss an appearance, the court may find against you, so it's important for you to keep track of appearances. Attorneys who forget appearances or ask for adjournments (re-scheduling) frequently may have too much work or too little help to give your case the attention it requires.

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Step Two

Is your attorney prepared when you talk to him or he appears in court with you? Many attorneys read volumes and are accomplished pack rats. This is OK if your attorney is able to pull the current draft of your will out of that stack of paper on the fourth shelf of the bookcase behind his desk. If he takes too long to find things, you're probably financing some search time. Lawyers start and stop dozens of jobs in a work day and the atmosphere in many law offices alternates between that of a circus and a tomb. As a client, you should find your legal representative and staff ready to focus on your case and use their (your) time wisely and productively.

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Step Three

If your case involves court appearances, is your attorney there early to explain what's about to happen and what you should do (presumably your attorney has told you to dress neatly and to stand up when the judge enters or stands)? Your attorney should explain to you what to expect in court--and what sort of procedure will be followed. You deserve to have your questions answered and you deserve it in terms you understand.

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Step Four

Do you have questions about your attorney's work or ethics? You can consult your state's attorney discipline organization to find out if there have been complaints about her. These organizations are variously known as attorney discipline, attorney regulation or attorney ethics boards or offices and are generally organized by your state's Attorney General or supreme court. State bar associations and attorneys general often have attorney grievance committees. All of these organizations maintain public records of discipline.

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Step Five

Do you trust your attorney? Sometimes personalities just don't mesh. Sometimes clients want a friend instead of an advocate. And sometimes, lawyers are just too busy to take another case but can't turn it down for one reason or another. If you don't think that your attorney is serving your best interests, let him know why. Maybe it can be cleared up. Maybe he'll say you should seek other counsel. Either way, you'll have your concerns out on the table and feel better about your choice to go or stay.

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Step Six

If you have suspicions, check with an organization in your state that keeps track of lawyer complaints. Some index websites are listed below, beginning with the American Bar Association.

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Step Seven

If you do change attorneys, be sure to ask that a copy of your file be forwarded to your new attorney. You will need to sign a release for this to be done.

Tips & Warnings

• Most state bar associations have staff that are willing to answer questions about attorney performance. Do not expect them to deal with a specific situation or give you legal advice, though. They can tell you what the code of ethics is in your state, but cannot take sides in a dispute. Most bar association and state court system websites will have a link to the state's attorney code of ethics.
• Always be civil. Most mistakes committed by attorneys are due to lack of time or organization and they will gladly address your concerns. In cases where incompetence or an ethics violations is actually at issue, rather than yelling at the attorney, file a complaint with your state's Attorney General or court system's office or board of attorney regulation or discipline. Making a complaint to the right body may save someone else the grief you've gone through.
• Attorneys practice in all sorts of ways from solo general practitioners to partners or associates in large multinational firms. It is usually easier to answer questions about whether your solo or small-firm lawyer is doing a good job for you. But large firms will do just as good a job and have wider resources to draw upon. In a large firm, you may not always deal with the same lawyer but if you're frequently passed on to a paralegal or some other member of the firm, start asking questions.
• Do not expect an attorney representing, say, your parents to talk to you about their affairs unless your parents have instructed her to do so. Privacy regulations and legal ethics dictate that attorney-client discussions are privileged, meaning they belong only to the attorney and client.

How to Write Your Will

Introduction

Everyone needs to write a will even if you don't have significant assets. It can be done without expensive visits to a lawyer. With today's modern convenience of the Internet, there are plenty of online ways to create a will. A lot of these take less than an hour from start to finish and cost less than $100.

Instructions

Difficulty: Moderately Easy

Things You'll Need

• List of assets
• List of debts
• Last wishes

Steps

1

Step One

Calculate your assets. It is important to make an estimate of any assets you have. If you have less than $2 million, you may avoid estate taxes.

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Step Two

Pick your heirs. When writing a will there are a lot of decisions to make--whom to leave property and/or assets to and appointing an alternate heir, in case your first choice doesn't survive.. If you are married your spouse should make a separate will. Property and assets that are jointly owned will automatically go to the surviving co-owner. Also, note that retirement accounts and life insurance where a beneficiary has been named are not under the jurisdiction of a will.

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Step Three

When creating your will online always remember to print it and mail it to yourself. It is required by all states to have at least two witnesses when you sign your will. It may also be necessary to select executor or person who will carry out the terms of your will. This person, can and often is someone who will inherit assets under the will. Some states may require a notarized witness affidavit.

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Step Four

Once your will is completed, put it in a safe place. Make several copies of your will and keep them in separate locations. Tell your loved ones and your executor where your will is.

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Step Five

See Resources below for links to online will sites.

How to Write a Health Care Proxy Document

Introduction

A health care proxy, known as a "living will," "advance directives for health care" or a "durable power of attorney for health care," is a legally recognized document that reflects your medical treatment wishes. Without such a document of intent, the decision to keep an incapacitated patient alive by extreme measures could be left to the state. While such a subject may difficult to consider, preparation can save your family the pressure of stressful decisions in the future.

Instructions

Difficulty: Easy

Steps

1

Step One

Get a form. Health care proxy forms are available in stationery stores and online. It isn't necessary to have these forms prepared by a lawyer. Although you can use the sample forms as written, they also serve as guidelines if you want to develop your own.

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Step Two

Think about what you want. An "advance directive" spells out your wishes as far as the kind of medical care you do or don't want.

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Step Three

Choose someone to whom you can give the legal authority to make medical decisions if you are unable to decide for yourself. The proxy directive, also called a "durable power of attorney for health care," names the individual you have chosen. Naturally, you must consult with this person to be sure that they understand and are willing to accept this responsibility.

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Step Four

Spell out the specific medical treatments you wish to accept or refuse in an instruction directive, or "living will."

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Step Five

Consider a combined directive. This is a single document that both spells out treatment and names the proxy.

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Step Six

Don't worry--the proxy is in effect only as long as you are unable to make these decisions. Should you regain this ability, you can make your own decisions. You can change or update a directive at any time and also have the power to revoke it.

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Step Seven

State clearly in the form that if you are unable to give directions about your care, your family and physicians must honor the directive. The declarant must also state that he or she is legally competent to prepare the directive.

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Step Eight

Spell out such decisions as situations that would lead to DNR (Do Not Resuscitate) and forgoing life-sustaining treatment. Of course, your directive can also request that such treatments be used, as well as refused. In that case, the directive should state that artificially provided fluids and nutrition should be provided, to the extent appropriate.

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Step Nine

Address such issues as artificially provided fluids and nutrition, CPR, life-sustaining measures including mechanical or artificial means, terminal condition meaning an irreversibly fatal illness, permanent unconsciousness--meaning vegetative state or irreversible coma and permanent vegetative state, in which a patient may be kept alive by artificial means, incurable and irreversible disabling diseases such as Alzheimer's and brain death.

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Step Ten

Provide instructions for such specific situations as withdrawal or withholding of specific treatments, the medical conditions under which the patient's wishes must be implemented and any other special considerations.

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Step Eleven

Include organ donation instructions.

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Step Twelve

Have the documents signed and notarized in the presence of 2 witnesses, neither of whom can be the designated proxy or alternates. The witnesses can't be related by blood or marriage to the person making the proxy, entitled to any portion of that person's estate, an attending physician or a person who has a claim against the declarant. Copies of the documents should then be given to the person named as representative, to family members and to the declarant's physician. If the patient is about to be hospitalized or enter a nursing home, the documents should be presented and become part of the patient's record.

Tips & Warnings

• Your proxy should understand that he or she is responsible for carrying out your wishes, even if others disagree. The proxy document should also name one or two alternate individuals, in case the original is unable to serve.
• Make sure your directive states your true wishes. If you prefer not to be kept on life support if you suffer from an incurable condition, you should state that two or more physicians must determine that you are in terminal condition, and if life sustaining procedures would only serve to delay the moment of death, then such heroic measures should be withdrawn and the declarant (you) should be allowed to die.

How to Understand a Codicil to a Will

Introduction

A codicil to a will is a part of a will that is added after the original version was drafted. Codicils are often added to change, correct or update a will without changing the entire document. It is important to understand a codicil to be sure that the intentions of the will are carried out.

Instructions

Difficulty: Challenging

Things You'll Need

• Estate planning attorney
• Copy of the original will and codicil

Steps

1

Step One

Make an appointment with an estate planning attorney in your area. This should be the same attorney that drafted the will and codicil if at all possible.

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Step Two

Read the original will with the attorney to get a broad understanding of the intentions of the will.

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Step Three

Go over the codicil to see how it changes or amends the original document.

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Step Four

Make sure that the codicil has been signed the same way as the original will. The codicil will identify the will by referring to the date the original document was written.

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Step Five

Ask any questions you may have concerning the codicil. Provide any information you can to the attorney about changes in family situations that may have warranted the need for a codicil.

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Step Six

Find out how the codicil will effect how the executor of the estate will carry out the wishes of the will.

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Step Seven

Inquire what your next step should be if there are other questions, or if you feel the codicil does not reflect the wishes of the person who signed the original will.

Tips & Warnings

• Understand that a will is a legal document and the wishes of the individual must be carried out even if you don't agree with the will or codicil.

How to Transfer Wealth the Right Way

Introduction

Nothing tears a family apart more than arguments over money. To make sure financial issues never come between you and your relatives, take some steps to ensure a smooth transition of any assets.

Instructions

Difficulty: Moderate

Steps

1

Step One

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As with anything, the key to a smooth asset transfer lies in proper planning—-from deciding your goals to discussing your plans with heirs and working with your lawyer and/or accountant to execute your intentions.

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Step Two

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You need to decide how much, when and in what form (e.g., cash, stocks, real property) an inheritance will be transferred. A team consisting of an attorney and a tax professional can help.

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Step Three

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Deciding how to divide assets can have a major impact on family dynamics. Some family members may feel short-changed while others may feel burdened. The best way to address this is to let your family know your intentions ahead of time and, ideally, reach some kind of consensus early on to avoid conflicts down the road.

How to Probate a Will

Introduction

Probate is the legal process of proving a will is authentic and valid. Through probate, legal title is passed from the deceased person to the beneficiary. There are several items that do not go through probate such as life insurance, trusts, beneficiary rights on a retirement plan and a few other legal instruments. Following are steps for probating a will.

Instructions

Difficulty: Moderate

Steps

1

Step One

Find the will. This could be an easy or a difficult task. The will could be in a desk drawer, safe deposit box, at the lawyer's office, in a home safe, or at a trusted friend's house.

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Step Two

Determine whether the person who died owned real property. Real property is anything attached to the ground such as a house or even the ground itself (land). Everything else the deceased person owned is considered personal property.

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Step Three

Determine where your state probates wills. Some states have probate courts while others, like Virginia, do not. If there is a probate court, go there. Other states use the Circuit Court where the decedent's property is located. If no property, go to the county as described in Step 2.

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Step Four

Know the assets owned by the decedent. Have the mail redirected to your house so you are alerted to mortgages, car payments, retirement updates, and other important documents. Searching the house for the place where the decedent kept important documents helps, too.

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Step Five

Request the appointment of an executor or administrator if the decedent didn't specify one to his attorney. Different states call these people different names. Basically, the person who has fiduciary responsibility for the decedent's assets is the executor or administrator.

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Step Six

Make an appointment with the Probate Court or Circuit Court in the correct location. Bring the assets list and approximate values, the original will, and the death certificate.

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Step Seven

Seek legal advice from an estate planning attorney or the clerk at the courthouse for more information. The clerk is the gatekeeper in the court. The clerk can be a valuable resource, so start off on a good foot.

Tips & Warnings

• Find out what the filing fees are before you show up.
• Contact the lawyer who drew up the will for more help.
• The will should be probated in the court where the decedent owned real property. If the person did not own real property, it should be probated where the person died or had her residence.
• Generally an executor is someone who the will sets out. An administrator is one who the court appoints when the will is silent or the executor is not willing to serve.
• If the will is in a safe deposit box and you do not have access, then you will have to ask the court for access.

How to Name a Pet Custodian in a Will

Introduction

It's a sad fact of life, but sometimes our pets outlive us. If we haven't made plans for their care after we're gone, they might be thrust into an animal shelter with mere days to live. We can bequeath an animal rescue a certain amount of money in exchange for lifelong care of our pet or name in our will a family member or friend as our pet's lifetime custodian.

Instructions

Difficulty: Moderate

Steps

1

Step One

Assess your situation. Think about the number and kinds of pets you have. Decide if you want all your pets to go to one person. There may be two or three that are so close they must stay together; make sure one person is willing to take more than one.

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Step Two

Determine who you trust. While a family member might love you, they might not love your dog and the day after you're buried, they might put Fido in the pound, despite what they promised you. When selecting a custodian, consider only those people who have met your pet, expressed enjoyment of your pet and who themselves either have in the recent past or currently are providing loving care to their own pet.

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Step Three

Name an alternate custodian, even two, in case the person you designate falls ill or passes away as well. The same concerns apply to alternate choices. Make sure you trust them to care for your pet.

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Step Four

Ask the person or persons you're considering if they are interested and willing to do what would be asked of them before you put their name on any legal document. Have a very sincere discussion with them and make sure they understand how serious you take this matter, how much you love your pet and that you would expect them to do the same.

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Step Five

Provide a specific amount of money for the custodian to use for your pet. On average, dogs cost about $1,000 per year, depending on size and cats average about $650. Unfortunately, the more money you leave for a pet, the more likely other non pet-loving relatives may try to challenge your will as being made by "that crazy cat lady" or "that dog nut."
Make sure your documents are air-tight.

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Step Six

Think about a pet survivors program through an animal rescue organization if you have no friends or relatives you deem trustworthy enough to name as caretakers for your pets. There are several groups that offer such programs, but you will want to thoroughly investigate them before making any commitments.

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Step Seven

Consult an attorney for the proper wording and documents needed to provide lifelong care for your pet or pets. If your attorney is also your trustee, make sure he or she will handle the transfer of your pet to your designated custodian and distribution of funds to care for your pet. You'll need to provide copies of the documents to your named custodian, alternate custodian and veterinarian.

Tips & Warnings

• The Humane Society of the United States offers a free kit, "Providing for Your Pet's Future Without You," which includes a fact sheet, wallet alert cards, emergency decals for windows and doors, and pet custodian information forms. Request one by writing petsinwills@hsus.org or calling 202-452-1100.