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Started By
Message
Do you need a lawyer for probate?
Posted on 12/12/20 at 9:09 am
Posted on 12/12/20 at 9:09 am
Dad passed over thanksgiving. Had a will in place. Very simple, everything going to mom. I'm the executor. Is there a form I can fill out and skip the lawyer? Called the courts and they don't even have the form, they just do the filing.
10
Posted on 12/12/20 at 9:23 am to HideChaKidz
You don’t need a lawyer to do anything. You can represent yourself in any matter as long as you are mentally competent.
With all due respect, you cannot even figure out how to get the process started without going to a message board. That would tell me I am not able to do it without any attorney. You have to do more than simply fill out a form to give it to your mom. You have to notify creditors and potential heirs. There are time delays for them to respond. If you don’t know of creditors you have to show the court you made an effort to notify potential creditors. There are time delays and requirements for that. None of this is complicated for someone to do, it’s just whether your time is worth figuring it out versus paying a lawyer. It does not sound like the court is going to help you do it and a judge is just going to make sure it’s done right regardless of whether a lawyer does it or not.
With all due respect, you cannot even figure out how to get the process started without going to a message board. That would tell me I am not able to do it without any attorney. You have to do more than simply fill out a form to give it to your mom. You have to notify creditors and potential heirs. There are time delays for them to respond. If you don’t know of creditors you have to show the court you made an effort to notify potential creditors. There are time delays and requirements for that. None of this is complicated for someone to do, it’s just whether your time is worth figuring it out versus paying a lawyer. It does not sound like the court is going to help you do it and a judge is just going to make sure it’s done right regardless of whether a lawyer does it or not.
Posted on 12/12/20 at 9:41 am to HideChaKidz
Get an attorney. Pay some money. Save the headache.
Posted on 12/12/20 at 9:41 am to go ta hell ole miss
No creditors. One heir. Everything goes to mom. It's literally the simplest probate possible.
I should've worded it better. I just need to know how to open a succession.
Thanks in advance.
I should've worded it better. I just need to know how to open a succession.
Thanks in advance.
Posted on 12/12/20 at 9:56 am to HideChaKidz
quote:
No creditors. One heir. Everything goes to mom. It's literally the simplest probate possible.
I am sure that’s all true. But, the court is just supposed to take your word for it? Plenty of people would love to do that. “Nope, we didn’t have any debt, judge.” Dad would have told us if he had some secret gambling problem that would have caused him to take out loans, judge.” “Of course there was no child outside of wedlock, judge. Dad would have told us.” A judge has to know the law has been followed before signing off. There are requirements to be able to show that you have notified potential creditors and given them an opportunity to raise a claim with the estate. You very well be and most likely are a very up and up family, but there are plenty of people that would defraud creditors through death of a family member. Courts have to consider all people are the same, good and bad.
Legal Zoom probably has forms. That’s where I would check if I did it on my own. Probably cheaper than what a local probate attorney would cost unless it’s a complicated estate, but like someone else said, it may not be worth the time and effort.
This post was edited on 12/12/20 at 9:59 am
Posted on 12/12/20 at 9:57 am to HideChaKidz
quote:
I just need to know how to open a succession.
Precisely why hiring an attorney would make sense.
Posted on 12/12/20 at 10:09 am to go ta hell ole miss
quote:
am sure that’s all true. But, the court is just supposed to take your word for it? Plenty of people would love to do that. “Nope, we didn’t have any debt, judge.” Dad would have told us if he had some secret gambling problem that would have caused him to take out loans, judge.” “Of course there was no child outside of wedlock, judge. Dad would have told us.” A judge has to know the law has been followed before signing off. There are requirements to be able to show that you have notified potential creditors and given them an opportunity to raise a claim with the estate. You very well be and most likely are a very up and up family, but there are plenty of people that would defraud creditors through death of a family member. Courts have to consider all people are the same, good and bad.
Legal Zoom probably has forms. That’s where I would check if I did it on my own. Probably cheaper than what a local probate attorney would cost unless it’s a complicated estate, but like someone else said, it may not be worth the time and effort.
Ok this is the exact information I need. Trust me, my preferred path forward is to hire a lawyer and I've already scheduled appointments. I'm only asking this question because my mom wanted to explore this option so I'm doing this to appease her.
Thank you.
Posted on 12/12/20 at 12:29 pm to go ta hell ole miss
quote:
With all due respect, you cannot even figure out how to get the process started without going to a message board. That would tell me I am not able to do it without any attorney.
Bs and I know this is the Moneyboard but frick off with that attitude.
The entire point of a message board is to share experience and BS about things like this. The entitled attitude of “if you have to ask a message board then hire a professional” is horrible. I could say that to almost every topic on here, why do we talked investments and retirement when there are professionals we could just pay?
I don’t know the answer to the OP, but it’s pathetic to give that response. OP should be able to find out what it takes to do it on his own, then he can decide if his time and effort is worth it.
You shouldn’t need to hire an attorney because someone passed away with a will. You should have the choice.
Posted on 12/12/20 at 1:56 pm to baldona
quote:
I don’t know the answer to the OP, but it’s pathetic to give that response. OP should be able to find out what it takes to do it on his own, then he can decide if his time and effort is worth it.
You shouldn’t need to hire an attorney because someone passed away with a will. You should have the choice.
Horrible advice on so many levels.
Here is what it will take him in time and effort to make sure it’s done correctly. 3 years of law school and pass the Bar exam. Probably not worth it to him. That’s why lawyers can charge what they charge. Takes an enormous amount of time and effort to know how to do legal proceedings correctly. You expect this stuff to be so easy as to give a simple answer to the OP? OP there is a ton you don’t know and you could make things worse. Much worse. Just pay a lawyer to do it. Probably a flat fee and if it’s simple probably no more than a few thousand plus court costs.
Yeah he has the choice alright and he could frick up royally. There is a ton of issues you are simply not trained to make proper decisions on.
Practicing law is not like changing oil in a car or fixing a dryer. You can’t youtube it.
Go to hell ole miss advice is sound and I don’t think he was being a jerk about it.
This post was edited on 12/12/20 at 1:57 pm
Posted on 12/12/20 at 3:25 pm to Otto Scorzany
I'll also add that you're not likely to find any quality attorneys willing to give free step-by-step legal advice on a message board. Giving advice is how they put food on the table.
This is an excellent point. There's no one size fits all advice you can get. It needs to be tailored to your specific facts and scenario to determine what needs to be filed. Even the simplest estates can be complex for even first time attorneys, much less the average person with no experience. I don't mean to discourage anybody from trying to DIY. I'm a big DIYer myself, just want to caution that this is a more serious undertaking than you might think. It's not one or two forms/templates to file at the courthouse... It's more likely a dozen or more pleadings, filed in a particular order and in compliance with the appropriate statutes. It's not something conducive to trial and error.
And yes OP, don't count on the clerk of court to be of any help. They're terrified of being sued so they will shy away from anything even remotely resembling legal advice.
quote:
Practicing law is not like changing oil in a car or fixing a dryer. You can’t youtube it.
This is an excellent point. There's no one size fits all advice you can get. It needs to be tailored to your specific facts and scenario to determine what needs to be filed. Even the simplest estates can be complex for even first time attorneys, much less the average person with no experience. I don't mean to discourage anybody from trying to DIY. I'm a big DIYer myself, just want to caution that this is a more serious undertaking than you might think. It's not one or two forms/templates to file at the courthouse... It's more likely a dozen or more pleadings, filed in a particular order and in compliance with the appropriate statutes. It's not something conducive to trial and error.
And yes OP, don't count on the clerk of court to be of any help. They're terrified of being sued so they will shy away from anything even remotely resembling legal advice.
Posted on 12/12/20 at 5:34 pm to HideChaKidz
Article on LA Succesion
I assume you are in Louisiana.
I assume you are in Louisiana.
Posted on 12/12/20 at 6:07 pm to HideChaKidz
Depends on the state. Which state?
I do a lot of probate work. In my state it's required to have an attorney for 90% + of probates.
I do a lot of probate work. In my state it's required to have an attorney for 90% + of probates.
Posted on 12/12/20 at 6:25 pm to TheOcean
I'm in Louisiana.
Posted on 12/12/20 at 6:29 pm to HideChaKidz
I'd definitely consult with a few. Especially if there are creditors or potential creditors.
Posted on 12/12/20 at 7:32 pm to TheOcean
Absolutely no creditors. My dad bought everything with cash. I have indepth knowledge of their finances as my dad made it a point for me to be familiar with all the accounts before he passed.
I am consulting with lawyers this week. I just wanted to find out if this was something that was doable on my own being that it seems very straight forward from my perspective (one heir, will left everything to my mom, no creditors, all communal earnings). But from the responses here it seems like hiring a lawyer is the prudent thing to do.
I am consulting with lawyers this week. I just wanted to find out if this was something that was doable on my own being that it seems very straight forward from my perspective (one heir, will left everything to my mom, no creditors, all communal earnings). But from the responses here it seems like hiring a lawyer is the prudent thing to do.
Posted on 12/12/20 at 8:01 pm to HideChaKidz
What assets have to go through probate?
Posted on 12/12/20 at 8:31 pm to Otto Scorzany
quote:
Yeah he has the choice alright and he could frick up royally.
it's hard to royally frick up a notarial will with 1 heir
quote:
There is a ton of issues you are simply not trained to make proper decisions on.
*are
and not really. now if somebody challenges it? sure. but just probating the will? no. regular people do it all the time without issue
quote:
Practicing law is not like changing oil in a car or fixing a dryer. You can’t youtube it.
there are guides you can 100% look up online to figure out how to probate a will in LA
Posted on 12/12/20 at 8:36 pm to SlowFlowPro
Yeah and when you frick up it will cost you 10x what it originally would have cost you. But up to him.
Posted on 12/12/20 at 8:38 pm to HideChaKidz
quote:
I am consulting with lawyers this week. I just wanted to find out if this was something that was doable on my own being that it seems very straight forward from my perspective (one heir, will left everything to my mom, no creditors, all communal earnings). But from the responses here it seems like hiring a lawyer is the prudent thing to do.
it is the prudent thing to do, but just be wary of getting over-charged.
these "easy" cases are high margin areas for many attorneys
your biggest issue is knowing what creditors/debts exist (especially Medicare), but that's not really something the lawyer does. you as the executor will have to do that once the will is probated and you're named as the succession rep.
Posted on 12/12/20 at 8:40 pm to Otto Scorzany
quote:
Yeah and when you frick up it will cost you 10x what it originally would have cost you.
a notarial testament with one heir? no
you have to get the will probated first. "fricking up" that means it's denied and you have to try again. what's the prescriptive period on this? 10 years?
then if you frick up the judgment of possession you can always amend the DDL and judgment. that's not 10x the work
now if somebody challenges the will? different ballgame
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