How do you select an attorney to probate an estate? The individual who is nominated as executor under the will or who will serve as the administrator is the one responsible for choosing the attorney. Many people believe that the attorney who drafted the will is expected to handle the probate. While there is no requirement that the drafting attorney handle the probate, it is not uncommon situation as many people may not know an attorney who works in that area of the law and using the same attorney who has the will makes it a simple decision.
Before you do go that route, however, check out the attorney. Be sure to get an understanding, in writing, how attorney fees will be handled; that the attorney is familiar with the probate process; and that you are comfortable working with that attorney. Also, if there is much of a potential of a challenge to the will, the attorney that drafted the will is not able to handle the administration.
While the attorney that drafted the will may have much of the information necessary to handle the probate for the deceased individual, feel free to shop around and find an attorney that you feel comfortable with and that is competent in probating estates.
The Family Medical Leave Act (FMLA), enacted in 1993, was amended January 28, 2008. Prior to the amendment eligible employees were able to take up to 12 workweeks of unpaid leave in four circumstances. The amendment expands the FMLA to include leave related to family members of military service people. Read President Signs FMLA Expansion for Military Families for a synopsis of the amended law. As the article points out the expansion will obviously create more questions surrounding the FMLA. Hopefully, the amended law helps military families rather than burdens them with additional hoops to jump. I would urge all employers and employees affected by the amendment to educate themselves about the changes. Also, as an employer, remember to notify employees about the changes.
Daniel Clement, a NY divorce lawyer, 