I have a similar situation that I have been dealing with for over a year along with other interested parties, some adverse, some with interests similar to my own.
Having had this experience my information is similar to the advice posted initially except that I think a $1,000 retainer fee is cheap. I had to pay a $1,000 retainer fee to an attorney who specializes in trusts, wills and estates and that was just to review my documentation - the wills, trusts and relevant court pleadings.
So, while I agree about the hourly average rate, I disagree about the modest retainer. I think it will be more. Also, you are getting some misinformation from other posters. For example one person posted that the attorney works on a commission and that the case strength is tied to the percentage charged. To clarify, the contract or letter of engagement should specifically identify the fee structure and that can vary depending upon what is negotiated between the attorney/firm and the client. So while it is true that some cases are handled on a contingency or percentage basis, some cases are in fact handled on an hourly basis with a retainer or deposit generally required in advance that is applied toward the attorney's services.
I do also agree with another poster, that the attorney needs to specialize in the area and you need to find out everything you can about this person, or the firm and whether or not they are experienced in Litigation rather than just trust/will/estate management or creation or planning because it sounds like you are going to have a fight on your hands.
Also, make sure that in advance of meeting with an attorney that you have researched his/her background - one good place to start is the Martindale Hubble (maybe misspelled) but they are publishers who provide peer reviewed attorney ratings. Find law is another good source of beginning information. Also, I think the name of another site is Best Attorneys or something like that?
When you meet with the attorney be able to provide him or her with copies of all the documentation that you have (do not leave all your originals with the attorney) and if you have nothing at least the information that you may take for granted (for example - your full name - the names of other parties and their attorneys if you know that information - the county and state where the decedent lived and where the property if any real estate or real property is involved.)
I prepared a family tree using a genealogy program for the attorney so that while reading through the legal documents he would have a point of reference as to who the parties where - this proved quite helpful and with all the name complications you mention I would think it would be helpful for you too.
Best of luck to you in your pursuit of this matter and check your representative out as thoroughly as you would a surgeon or other professional or party in whom you must have faith, confidence and trust.
Lastly, do not procrastinate. Begin researching and interviewing attorneys as well as compiling information now not later.
2007-06-11 18:53:26
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answer #1
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answered by sa_shhh_a 2
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A lot is going to depend on what his Will states and what state you reside in; unless he specifically specified in his Will that certain assets are to go to you, you might not be entitled to anything as the estate would go to his current wife.
Contact your local bar association and get the names of some probate lawyers and see if one will handle your claim on a contingency fee basis.
When my grandmother, who lives states away, died intestate (without a will) with no surviving children and six surviving grandchildren. I found a lawyer who agreed to handle the case for 33% or proceeds if settled out of Court, and 40% and I was able to get my 1/6th share of the value of the home (minus his 33%) only from my half-sister who wanted to retain possession of the home.
2007-06-11 19:01:25
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answer #2
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answered by bottleblondemama 7
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Here is how to handle this. First, decide how much you are willing to spend. Either out of pocket or contingency percentage. Try to find a lawyer who specializes in wills. Ask is he charges for consultations. Most don't. After explaining, ask how much he would charge. If it is too high, find another lawyer. At least this will get you started.
2007-06-11 19:14:26
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answer #3
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answered by Richard F 7
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Want my opinion??? Lawyers are below the level of prostitutes . They charge more than god ever would charge for consultations. They provide a lousy service for LOTS of money...... don't really care if you lose or not. every damned minute is charged. They are the most greedy, shameless humans ever to walk this planet. I had my run-in with one
How much will a never ending...... cost. You may lose your shirt, home or have to mortgage it to the hilt - I mean the equity in it. Lawyers love to drag out cases - even if they know very well that you are a lost cause. (I am not suggesting you are a lost case) They suck you for everything.
2007-06-11 18:54:50
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answer #4
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answered by Anonymous
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Figure 150-200 an hour for a young lawyer,for one who is more experienced, try 175- 350 an hour, plus expenses,and double that if it goes to court.
He might ask for a retainer of up to $ 1000.00.
You would want a ;lawyer who specializes in wills and estates. Good luck.
2007-06-11 18:40:52
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answer #5
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answered by Barry auh2o 7
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#1 Lawyers work on commission. They do not get paid if you don't. If you can't find one willing to take a percentage then you have a poor case. #2 The will must be filed, in probate court. 30 days in most States. You can read it in court records, it's public information. If it is not filed in court it is void.. BTW, names mean nothing, read the blood line of decents, it's in the law library of your local court house..
2007-06-11 18:45:12
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answer #6
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answered by jl_jack09 6
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Actually it all depends on the lawyer them selves...some of them say they need a flat fee to start then so much more if you have to go to court etc etc etc...but possibly the ***** might have to pay for your lawyer costs so if you do have to retain one make sure when you sue her/them include that in with the fees
2007-06-11 18:43:48
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answer #7
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answered by dede 5
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You're lying you dolt. 6.5" soft? No. That's up in the record book range. If you were 6.5" soft, then you would be like 10 or 11" when hard. You don't get 2" bigger when going from soft to hard. Also considering your age of 17, the whole 6.5" soft thing is even less possible. You've probably seen porn sometime in your life. Pretty much none of those guys are 6.5" soft. I'm 6.5" hard (which is normal). Do your research and get a real ruler to measure with.
2016-05-17 23:37:09
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answer #8
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answered by ? 3
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