The difference between a lawyer and a notary and lawyer
Sometimes situations arise in a person’s life that cannot be resolved without the help of legal experts. In some cases, people find it difficult to decide who to contact with their questions. Many citizens do not distinguish between concepts such as “lawyer”, “attorney” and “notary”. However, these professions differ significantly from each other.
You can read about who lawyers are and how they handle inheritance cases in the article “Inheritance Lawyers.”
Many people confuse the actions performed by a lawyer and a notary. A lawyer is a specialist in the field of law. His powers directly depend on the chosen specialization - judge, lawyer, legal adviser, and so on.
A notary is an official who performs notarial actions, including actions aimed at citizens receiving an inheritance.
To understand how his powers differ from the rights and responsibilities of other specialists in the field of jurisprudence, read the material “Notaries in inheritance matters”.
When to consult
It is important to remember that the law allows a short period for the heirs to declare their rights. You can get detailed advice from a specialist when:
- a family member or another person who could leave an inheritance has passed away;
- the deadline for entering into inheritance has been missed;
- the will was drawn up not in favor of the legal heir, but of a stranger;
- the inheritance case was complicated by certain circumstances;
- there is a desire to foresee everything in advance, but it is not known how to act correctly.
If the will was drawn up in secret, it is better to find out the necessary information yourself rather than entrust the matter to people with their own interests.
Consultation with an inheritance lawyer may be required when registering ownership of property, executing, amending or canceling a will.
But most often, a specialist is contacted when inheriting an apartment and to draw up an agreement for the division of inherited property.
Price for registration of inheritance
Registration of inheritance under a will From 10,000 Registration of registration records for property in state authorities From 5,000 Restoration of deadlines for accepting inheritance From 5,000 Valuation of the inheritance, registration of shares From 4,000 Support of settlement agreements between heirs From 5,000 Drawing up a statement of claim, determining the body of jurisdiction From 5 000Where to go for inheritance matters
In large cities, people can easily choose where to seek legal assistance. However, in small localities, many do not know where they can get advice on inheritance, since at best there is only one state notary office for the entire district.
State notaries serve a circle of people living in the territory under their jurisdiction. Linking to a specific notary is carried out by the first letter of the surname and registration of the deceased, when it comes to a large area. But where there is a single database, linking to registration for inheritance is excluded.
Any notary has the right to open a inheritance case when an interested person approaches him. Legal advice on inheritance issues can be provided either by a local specialist or by a private notary licensed to provide legal services.
Regardless of affiliation, a notary provides a standard set of services: drawing up an application, opening an inheritance case, protecting property until the heirs take possession and issuing a certificate of inheritance.
Rules for free consultation
You can receive legal assistance in inheritance cases in accordance with current Russian legislation for free - through the website online.
Free legal advice on inheritance issues helps solve problems related to the preparation of the documentation necessary for entering into an inheritance and its execution. In most cases, one free consultation is sufficient.
To conduct this type of consultation, a careful selection of lawyers is carried out. If you have not received an answer to a specialist’s question, you need to duplicate it on the website in the comments to the article on the topic of interest.
The main purpose of the free service is to provide assistance on inheritance law issues. At the same time, contact and personal information of clients is not indicated on the portal pages.
What questions does the specialist answer?
The lawyer provides complete information about the legal regulation of the situation that has arisen in connection with inheritance, about practical steps and all possible options for action. It also helps to develop a legal position, guaranteeing the client complete confidentiality.
Based on the results of the consultation, a decision can be made to represent the client’s interests in court.
A probate lawyer will competently draw up a statement of claim and also solve all problems in the process of registering an inheritance. For example, it will help to exclude participation in the inheritance of persons not entitled to inheritance and get rid of the debts of the testator.
Consultation with a specialist provides answers to questions related to the timing of inheritance and the possibility of its restoration, the inclusion of property in the inheritance, recognition of ownership of property, and will provide guidance in other issues of inheritance law.
Services of an inheritance lawyer in Moscow
There are cases so complicated and complex that you simply cannot cope without the help of a lawyer in inheritance cases, and competent conflict resolution is possible in the following situations:
- When taking ownership of a house or apartment.
- Invalidity of the will.
- Recognition of one of the heirs as unworthy.
- The right to your obligatory part.
- Renew the deadline for accepting an inheritance.
- When making applications.
- When dividing property.
- In matters of deprivation of inheritance rights.
- When challenging a will.
The list of services provided by an inheritance lawyer includes:
- Oral and written legal advice.
- Drawing up an application.
- Drawing up documents, claims, requests.
- Representing the client's interests in court.
- Turnkey defense in court.
- Filing appeals, challenging decisions.
- Protection in all courts.
- Assistance in the execution of court orders.
- Division of inherited property.
- Challenging a refusal received from a notary.
- Challenging illegal evidence.
- The order of use of the received property.
- Adding property to inheritance.
- Establishing family relationships.
- Changing or making a will.
Prices for probate lawyer services may vary depending on experience and professionalism. On average, representing a client’s interests in court can cost about 15 thousand rubles, drawing up claims and complaints - from 2 thousand.
Legal assistance includes several stages:
1. Preparation of documents and registration of rights . At this stage, it is extremely important to collect the necessary documents. Try to find a probate lawyer who follows current changes in legislation and can provide you with up-to-date information.
2. Negotiations with the remaining heirs . Very often other applicants interfere with getting their share. They may object to your part and oppose you. In such cases, legal assistance is simply necessary.
3. Assistance of a human rights defender at court hearings . In order to protect your interests and assert your rights, you need professional support. A lawyer for inheritance disputes will be able to help with documentation, collection and execution of documents, and will competently protect your interests in courts of various instances.
Specialists will be able to advise their client about his rights, tell him about the order of rights in inheritance, the procedure for filing and completing applications. The cases when a lawyer will be useful are very diverse:
- Court hearings to determine the order of inheritance or the order of division of assets among all claimants.
- Situations of confirmation of family relations with the deceased.
- Confirmation of joint permanent residence with the deceased.
- Searching for the property of a deceased person to include it in the estate.
- Taxation of inherited property.
Cost of legal services
Legal advice on inheritance matters does not have a fixed price. You can find out the prices from a specific specialist, paying special attention to the correspondence of the price to the services described in the price list (the description must be clear and precise). The more expensive the specialist’s services, the more successful experience he has. But even inexperienced lawyers will not work at low prices.
The cost of services depends on the complexity of the case and the type of organization - public or private notary office. In controversial cases involving an expensive estate, a specialist may agree to work for a certain percentage of its cost.
Sometimes it is not so easy to enter into an inheritance; legal advice in the most difficult situations is the only way out.
Official rating of lawyers and probate lawyers. Choose the best.
We have done a lot of work to help you choose a competent, good probate lawyer. To do this, we collected a large amount of data, more than 5,000 reviews, and analyzed them.
Based on this analysis, we made our independent rating. Many factors influence the choice of a lawyer or lawyer - this includes experience in inheritance cases, the ratio of won and lost cases, the number of positive reviews and the number of negative reviews. And the fewer negative and neutral reviews, the more trust the specialist evokes. We will not reveal the secret if we say that inheritance cases are one of the most difficult, not only from the point of view of the laws, but also from the point of view of the emotional and moral burden on the participants in the process.
In order to maintain sobriety of thought, it is necessary to abstract from the emotional load and be guided exclusively by the letter of the law. And this can only be done by a lawyer or inheritance lawyer who has been involved in this particular area of law for many years.
To choose better, read reviews about lawyers and attorneys on our website and make the only right decision. And when you win the process together with the selected specialist, do not be lazy - come in and share your impressions about the work of the selected specialist - help other people. To leave a review, fill out the review form at the bottom of the page and your opinion will appear on the site.
