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Top Spencer, MA Probate Lawyers Near You

Probate Lawyers | North Grafton Office | Serving Spencer, MA

210 Worcester Street, North Grafton, MA 01536

Probate Lawyers | Westborough Office | Serving Spencer, MA

200 Fridberg Parkway, Suite 3003, Westborough, MA 01581-3954

Probate Lawyers | Harvard Office | Serving Spencer, MA

206 Ayer Rd, Harvard, MA 01451

Probate Lawyers | Worcester Office | Serving Spencer, MA

370 Main St, Suite 970, Worcester, MA 01608

Probate Lawyers | Westborough Office | Serving Spencer, MA

287 Turnpike Road, Suite 100, Westborough, MA 01581

Probate Lawyers | Worcester Office | Serving Spencer, MA

370 Main Street, 12th Floor, Worcester, MA 01608

Probate Lawyers | Worcester Office | Serving Spencer, MA

311 Main St, Worcester, MA 01608

Probate Lawyers | Worcester Office | Serving Spencer, MA

339 Main Street, Suite 300, Worcester, MA 01608

Probate Lawyers | Worcester Office | Serving Spencer, MA

100 Front Street, Worcester, MA 01608

Probate Lawyers | Worcester Office | Serving Spencer, MA

370 Main Street, Suite 800, Worcester, MA 01608

Probate Lawyers | Webster Office | Serving Spencer, MA

154 Thompson Road, PO Box 1210, Webster, MA 01570

Probate Lawyers | Worcester Office | Serving Spencer, MA

11 Pleasant Street, Suite 110, Worcester, MA 01609

Probate Lawyers | Milford Office | Serving Spencer, MA

291 Main Street, Box 214, Milford, MA 01757

Spencer Probate Information

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Lead Counsel independently verifies Probate attorneys in Spencer and checks their standing with Massachusetts bar associations.

Our Verification Process and Criteria
  • Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
  • Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
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Find a Probate Attorney near Spencer

Understanding Probate

When an individual dies leaving a will, the legal process that takes place is called probate. Probate refers to how an estate is administered and processed through the legal system.

Probate Lawyers

The probate process can be confusing and overwhelming considering the circumstances. A Spencer probate lawyer will help with the management of the decedent’s estate, any trusts he or she may have as well as any guardianships or conservatorships in question.

Probate cases often become very detailed and a probate lawyer will help ensure the rights of the deceased are fully protected. Attorneys also have the sensitivity to family dynamics and are knowledgeable in common problems with probate cases.

What is probate?

Probate is the process through which assets from a deceased person’s estate are transferred to beneficiaries, such as spouses, children, and other loved ones. In plain terms, reading a person’s will and distributing the items contained in it is part of the probate process. In some states, probate courts also handle matters related to guardianships and conservatorships of children or disabled adults.

What happens if you don’t do probate?

Without an estate plan in place, the probate process will often still go forward, but it can get messier. Someone who dies without a will in place will often have their assets given to any survivors, even if that would have gone against their wishes. Court battles can unfold among relatives who feel like they deserve more.

How long does probate take?

In a simple case where there are no disputes, and the deceased had a strong plan in place, the probate process of distributing assets and paying off debts may only take a few months to complete. If someone challenges the will or any other part of the estate distribution, it can take much longer.

How can you avoid probate?

If you want your beneficiaries to avoid the hassle of probate, you have several options. You can make sure to name beneficiaries of bank accounts, retirement accounts, and life insurance policies. You could also move your assets to a living trust, which will allow you to access them while you are still alive but will automatically pass to your beneficiaries upon your death.

How an Attorney Can Help

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

Tips on Approaching an Initial Attorney Consultation

  • Use the consultation as a means of gaining a better understanding of your legal situation.
  • Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
  • Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
  • Determine how comfortable you are working with the lawyer and/or law firm.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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