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Estate Attorney

Estate planning is a highly specialized area of law. When searching for an estate attorney, you must be looking for someone who has years of experience and the expertise to give you the legal service you need for your estate. A reputable attorney will be competent and thorough, making sure there are no mistakes that can be detrimental to your heirs’ inheritance.

Anyone can draft a will, but only an experienced estate lawyer can write and execute a will that will not be the subject of confusion or differing opinions. With an expert estate lawyer, your will be written in a way that leaves no room for varying degrees of legal interpretation. The attorney will guide you in making sure all your assets are accounted for and that they are placed into the correct accounts at the proper time.

Finding the right estate attorney can be challenging. A quick look in the phone book will reveal an overwhelming amount of attorneys who are advertising themselves as experts in estate law. However, these same lawyers may also claim to be specialists in other areas of law, too. In most cases, a lawyer who claims to be an expert in more than a few fields of law is probably exaggerating their experience and competence. If you’re searching for an estate attorney, search for a law firm with years of expertise in real estate law, business law, corporate litigation and family law.

Instead of searching through the advertisements that catch your eye, seek out the estate’s clients. You may even have family or friends who have needed the guidance of an estate attorney. When you ask around, you may be surprised to hear the same one or two names keep coming up in conversation. These lawyers may be worth contacting, especially if your family and friends have used them with great success. If the estate attorney has worked for your family members or friends in the past, you know that they have a solid reputation and are expertly versed in the area of estate law and practice.

You can also check with your county clerk’s office. Usually, the county clerk will have a list of the estate attorneys in the area who handle the estates of your county. Your financial institution may also be able to recommend reputable attorneys. Finally, contact the state bar association. They will have each estate attorney’s track record, so you can see if the lawyer is competent and in good standing.

Looking for an estate attorney by referrals and word-of-mouth is the only way to filter out those law firms and lawyers whose main focus is to find more clients and make more money. For those lawyers, the main goal is to increase their client base rather than provide top-notch, expert service. Find an estate attorney who is already actively engaged in estate law and focuses their efforts on helping clients. If you do this, you will have found the right estate lawyer for you.

Important Services Real Estate Attorneys Offer

The real estate deals are booming and so is the entire industry. This undoubtedly has shown the boom factor to the real estate attorneys too. As a matter of fact, it essentially doesn’t matter to these attorneys whether or not this industry is booming. Since it is obvious that shelter is one of the fundamentals for livelihood, there exist property sellers and property buyers at all times and in every case making real estate attorneys to be always in high demand. There are various methods how the real estate attorneys are showing their expertise. Below are a few of the services the attorney’s of real estate, provide you with:

  • Property Dispute: A highly apparent scenario where these attorneys are involved is during a property dispute. They help in getting disputes concerning property being resolved by means of litigation etc. They also help in selling of disputed properties in some cases so that the money received from the same could be used for various settlements among people involved.
  • Tenancy Disputes: Any dispute concerning landlords and tenants is solved by an attorney of real estates.
  • Property Settlements in cases of death: The properties of the deceased are commonly handled by real estate attorneys. In these cases the properties are sold off to that the heir’s accounts could be settled.
  • Divorce Settlements: These attorneys assist property disputes in general cases of divorce especially when the owners are joint.
  • No broker: When people are not very comfortable with having a broker to deal or sell their property, they entrust such real estate responsibility to a real estate attorney. A few attorneys take such tasks.
  • Working as Advisors/Consultants: Quite many attorneys work for several real estate investors. The real estate investors think it as a good option to hire an attorney as these attorneys can often have smooth transactions done for the investor. An attorney of real estate would do it appropriately and correctly in a much quicker and professional way. Time is always short for a real estate investor due to which he would get more time as the attorney would handle good deals.
  • Information Provider: Real estate investors utilize real estate attorneys as richer information source particularly on details about property deals and sales; those which are results of settlement procedures or disputes. The investors gain the benefit of knowing information earlier compared to others. Good deals are frequently availed in this manner.

Factors To Consider Before Hiring a Real Estate Attorney

Real Estate Attorneys work for those that are selling and buying homes. They do all the legal paper work because they understand all the legal formalities that need to be met before a house is sold or bought. There are many factors that one should consider before hiring a real estate attorney. In order to choose the right real estate attorney you should follow some of the factors that are explained in detail below. This will help you understand what you need to look for you and what you need to consider before you hire anyone to start working for you.

The Qualifications of the Real Estate Attorney

You should always keep in mind that not every real estate attorney knows how to do the job properly. Some of them are amateurs and they do not know how to read into the paper work. You should hire someone that has a good name and has all the qualifications that an estate attorney should have. In order to find out this information you will have to start doing some research. You can start by asking your friends, family members, and acquaintances if they know any attorney in the area that is reliable. This will help you compile a list of attorneys that you could possibly hire. After that you will have to make appointments with the different estate attorney’s in order to understand their professional background and how many clients they have dealt with in the past. This will make it easier for you to make your decision and you will be able to find someone to do the job right.

The Price is Not Always Right!

When you hire a real estate attorney, you have to make sure that you are not overpaying for the services. Some attorneys overcharge people and you should make sure that you do not pay over your budget or get fooled. Make a budget and then hire someone that fits into your budget. It is a good idea if look at your budget and the qualifications of the attorney together. If you look at one without the other, then it is likely that you may incur some problems. If you find someone that is highly qualified and is charging a bit over your budget, then you should go for it because it is hard to find both of these qualities together.

It is advised that you look for the attorney that fits into the mentioned criteria. These two points will great help you to choose a right real estate lawyer. The attorney should be confident and possess a vast amount of knowledge. You should always look at the attitude of the attorney and how willing he is to complete the task. You should ask questions and learn about the attorney before you hire someone to start working on your case. So remember these factors because they can really help you in acquiring the right person to check out the legal formalities in any property transaction.

Why Should You Hire A Real Estate Attorney?

Buying or selling property could be tricky. You might not have the adequate knowledge to get into such transactions. You might end up incurring heavy losses if you do not consult a professional. This is when you require a real estate attorney. He can help you throughout the process of your property transactions. You will not end up making mistakes resulting in losses. Before hiring an attorney, it is important that you understand what his job is.

Say, for example you want to buy a property. Your lawyer will help you understand the purchase contract completely. He will also guide you through the process of taking the title of your property. The attorney will also do the job of checking if there are any easements or liens against the property. The attorney will also help in processing the registration of all the legal documents required for purchasing the property. The attorney will also help in the understanding of the mortgage terms. He will also tell you if there is any need of any adjustment. The attorney will review the papers that you need to sign. He will also work on the insurance of the property you are purchasing. The attorney will make sure that you get a valid registered ownership.

What is the role of a lawyer if you wish to sell a property? The attorney will review the binder and explain it to you. He will also prepare the buy-sell agreement. At the same time he will prepare all the terms of negotiation. The attorney will also arrange for the transfer of the security deposits. He will arrange for the deposition of the money to the landlord. The attorney will also make sure that all the responsibilities regarding the lease have been performed. He will arrange for official documents such as security certificates. He will also prepare a deed and the power of attorney. Various kinds of issues can arise during buying or selling of property. An attorney will always address those issues and sort them out. He will review the documents that need to be signed. And he will represent you during the time of the closing.

So, how to choose the right attorney for you? Make sure your real estate attorney performs all the roles that have been mentioned above, when faced with either of the two situations. The real estate firm you go to should be equally competent in dealing with residential as well as commercial property disputes. Under the category of real estate disputes, we have general real estate issues as well as real estate frauds. Landlord or tenant issues also fall under this category. So, if you are faced with any of these problems, consult a professional right away.

Here are some questions to ask when you are interviewing a prospective real estate attorney.

  1. How often do you handle residential real estate deals?
  2. Do you work with other investors?
  3. How long have you been practicing in this particular area?
  4. Do you have any investor references?
  5. Do you normally represent buyers? Sellers? Banks?
  6. Do you understand the scope of what I will be doing and the services I will be needing? Do you do subject-to transactions? Short sales? Back to back closings?
  7. Who will be working on my cases?
  8. How do you charge for your services?
  9. Do you have malpractice or errors and omissions insurance?
  10. They must hold at least enough insurance to cover the home you are going to buy.
  11. Have you ever been disciplined by the Bar Association?


Keep in mind while you are dealing with the attorney that you are the customer. You should be suspicious of any attorney who is stand-offish, aloof, or says things like “Don’t worry about it, I know what’s best,” without addressing your needs or concerns. If they make you uncomfortable, move on to the next one. Remember, it is better to pay more for an experienced real estate attorney than to find the cheapest guy in the phone book and hope nothing goes wrong. One small mistake on your attorney’s part could end up costing you thousands and destroying your reputation. Don’t be cheap, but don’t get hosed.

There are tons of ways to make money in real estate, but all of them are useless unless you have a steady flow of motivated sellers and qualified buyers coming into your business. When you have a solid pipeline of prospects, you pick and choose the best of the best and finally take control of your financial future. Find out the most effective ways to turn your real estate investing business roaring and turn it into an absolute cash engine.

Types of Real Estate Attorneys

A real estate attorney is a litigation attorney who will take care of all your real estate related cases through the whole court process. Such an attorney will make your court process much easier and will facilitate the fast movement of your legal procedures to ensure that you operations are simpler and easier to handle. There are several types of real estate attorneys who perform different tasks although most of the modern litigation attorneys will carry out all the real estate legal issues for you. Below are some the most common types of litigation attorneys.


A real estate attorney under this category will take care of legal issues concerning commercial property. They are specialized in such duties as the protection of the rights of the landlords. They handle many issues including the enforcement of leases, rent collection and eviction of tenants. They will take care of your leasing needs such as negotiating for the lease and drafting it for you as well as amending or reviewing them altogether. Cases involving revocation of leases, rent or the sale of property are best handled by these attorneys.

Property Tax

A property tax attorney will handle legal issues involving the payment of taxes. They will offer advice on filling tax forms as well as paying it. They will defend you in the courts if you are accused of fraud in tax or any other criminal accusation related to the payment of taxes. A litigation attorney under this category will also help you with the required advice when negotiating and settling tax disputes.

Land Use or Zoning

Your real estate attorney for land use or Zoning will help you with advice when it comes to the utilization of land. Permit and land use license issues will be taken care of by a litigation attorney under this category. They will handle your cases when it comes to application and renewal of licenses and permits. They are the people who will handle your legal conflicts with environmentalists, development regulators other unions that regulate the use and allocation of land in your local area.

Mortgage Fraud

A mortgage fraud attorney will handle issues that touch on infringements on legal contracts or state requirements. A litigation attorney under this category will be responsible for defending you in the courts if you are accused of any crimes related to such infringements. Issues of corruption are also handled under this category.

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