It is often beneficial to hire an attorney to help clear a clouded property title. When trying to avoid creating heirs property, an attorney can help prevent poor or incorrect wording or creation of an invalid will. A qualified attorney also knows the most current laws, rights, and measures that protect heirs property owners.

Attorneys work in several different specialty areas and do not typically know all parts of the law. For an heirs property issue, seek an attorney who focuses on succession or estate planning, wills, estates, and trusts or real estate. It is also important to seek someone who has successfully worked on heirs property cases in the past.

Comparison Shop

Shop around to locate a few qualified attorneys.

• Find and compare at least two or three attorneys before committing to one to represent you. Check the American College of Trust and Estates Counsel or the National Association of Estate Planners Council to locate attorneys in your area.
• Ask attorneys for referrals from past clients.
• Make sure the attorney is licensed to practice in the state where the property exists.
• Research each attorney. Search for the attorney’s license number on the state bar association website in the directory. Also, search the attorney’s name on the Internet for reviews.

Questions to Ask

Expertise and Experience

• How many heirs property cases have you handled?
• What percentage of your practice involves estate planning?
• What is your success rate in resolving heirs property cases?
• Can you provide references from clients with similar cases as mine?

Case Management

• What do you see as potential outcomes for my case?
• How will you communicate with me and how often?
• What documents will be prepared and how long will it take?
• What are some things that could delay or derail my case?
• What should I do to prepare for the case?
• How do you manage cases with multiple heirs, especially if someone is uncooperative?

Costs and Billing

• How to ensure billing is transparent, clear to understand, and fair?
• What is the range or estimate of my total bill and what would cause the bill to change?
• Do you offer payment plans or contingency fee arrangements?
• Are there options or resources that you are aware of to help clients cover costs to clear title?

Ethics and Conflicts

• Have you ever had an ethics or legal board disciplinary action taken against you?
• Do you have any potential conflicts of interests that I should know about?
• How do you ensure client confidentiality and protect interests?
• Do you know anyone involved on either side of my case or any of the service professionals such as appraiser, surveyors, etc.?
• Do you now or have you ever represented anyone who might be involved in this case?

Back to Heirs Property in Alabama

Portia Johnson, Extension Specialist, Assistant Professor, Human Sciences; Ryan Thomson, Assistant Professor, Rural Sociology; Adam Rabinowitz, Extension Specialist, Associate Professor, Agricultural Economics; and Katie Keown, Visiting Professor, Agriculture Law, all with Auburn University

Revised July 2024, Heirs Property in Alabama, HE-0852