Probate Litigation

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jdubb990
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Joined: Tue Aug 11, 2009 12:16 am

Probate Litigation

Postby jdubb990 » Mon May 09, 2011 1:14 pm

Last semester I aced Property I. I feel like this was in large part due to my interest in estates and future interests. In conjunction with my interest in litigating, Probate Litigation is something I am very interested in. Does anybody have any experience in this area?

I believe my property professor said that only 1 out of 10 attorneys do this, and only 1 out of those 10 can do it correctly. He also said that the litigation can take an extremely long time which means you don't get paid for a long time. Is this stuff true?

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jdubb990
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Re: Probate Litigation

Postby jdubb990 » Mon May 09, 2011 10:18 pm

Nobody?

Anonymous User
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Joined: Tue Aug 11, 2009 9:32 am

Re: Probate Litigation

Postby Anonymous User » Mon May 09, 2011 10:21 pm

Asking in a law school forum about a field in which only 1% of lawyers are competent. Hope you've got a Snickers...

2LLLL
Posts: 249
Joined: Wed Aug 25, 2010 12:38 pm

Re: Probate Litigation

Postby 2LLLL » Mon May 09, 2011 10:46 pm

Why don't you ask your property professor, he seems like he knows a little bit about the field. Also you should try to locate and reach out to some practitioners in probate lit and ask them about their practice, you'll probably be able to score at least an informational interview from it.

zomginternets
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Re: Probate Litigation

Postby zomginternets » Tue May 10, 2011 2:14 am

Unquestionably the first time I've heard of someone who enjoyed estates and future interests.

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MrKappus
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Re: Probate Litigation

Postby MrKappus » Tue May 10, 2011 2:53 am

jdubb990 wrote:Last semester I aced Property I. I feel like this was in large part due to my interest in estates and future interests. In conjunction with my interest in litigating, Probate Litigation is something I am very interested in. Does anybody have any experience in this area?

I believe my property professor said that only 1 out of 10 attorneys do this, and only 1 out of those 10 can do it correctly. He also said that the litigation can take an extremely long time which means you don't get paid for a long time. Is this stuff true?


(1) All litigation takes a long time.
(2) The frequency with which you get paid will depend on your fee arrangement with your clients.
(3) What else are you asking? If 90% of probate lawyers are incompetent? That doesn't sound accurate.
(4) I have no experience in this area. I did stay at a Holiday Inn Express last night. Also took Wills, Estates, & Trusts this semester, and I cannot imagine wanting to do that for a career.

BeautifulSW
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Re: Probate Litigation

Postby BeautifulSW » Tue May 10, 2011 9:32 am

I have been involved with contested probates, some quite large, one simply huge. It is definitely a specialty, very easy to screw up, and the damages for malpractice can be heart stopping. So are the m/p premiums.

I suggest that you take all the property you can including wills and trusts and community property. Also evidence, estate and gift tax, and income taxation of estates and trusts. If your school offers accounting for lawyers and you have no UG accounting background, do that, too. And do not fail to take remedies.

Plan on living in a larger metropolitan area. The trick is to represent the estate not the beneficiaries. That way, you get paid your (astronomical?) hourly rate. But there need to be enough wealthy people to make your practice viable. Specific suggestion? Consider Texas cities like Houston, DFW, and (yes, I know) Midland/Odessa.

Sup Kid
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Re: Probate Litigation

Postby Sup Kid » Tue May 10, 2011 10:41 am

jdubb990 wrote:I believe my property professor said that only 1 out of 10 attorneys do this

It is unlikely that even 10% of all attorneys do probate litigation.

MrKappus wrote:(1) All litigation takes a long time.
(2) The frequency with which you get paid will depend on your fee arrangement with your clients.

This. Except for contingency cases, or other random fee arrangements, most lawyers are paid as they do the work, normally by requiring a retainer upfront and then periodically paying themselves from the retainer for the hours they've worked.




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