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re: Do you need a lawyer for probate?

Posted on 12/12/20 at 8:52 pm to
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/12/20 at 8:52 pm to
If it’s that simple like he says, then he should be able to find a lawyer to do this for a very reasonable price.

Sounds like you should do it for him if you say there is nothing to it and he should just do it himself. Got experience in successions to give this advice? Care to foot the bill and additional expenses if he messes up?
This post was edited on 12/12/20 at 8:53 pm
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/12/20 at 8:56 pm to
Oh and you’re a grammer nazi as well? Make you feel superior and your points seem more legitimate? Love to be on the other side of smug assholes like you in a jury trial. They smell your shite a mile away.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/12/20 at 9:11 pm to
quote:

If it’s that simple like he says, then he should be able to find a lawyer to do this for a very reasonable price.

did you miss my earlier post?

easy things like this are high margin items for lawyers. not EVERY lawyer, but many. i bet he gets high quotes like 2500+ for this simple thing

quote:

Sounds like you should do it for him if you say there is nothing to it and he should just do it himself.

i don't get legal work from this site to avoid ethical issues of solicitation. it's a very grey area as it applies to social media
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/12/20 at 9:12 pm to
quote:

Love to be on the other side of smug assholes like you in a jury trial. They smell your shite a mile away.

i will have you know that my mom really likes me
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/12/20 at 9:26 pm to
quote:

i don't get legal work from this site


Sounds to me like you have already given him legal advice to do this himself. It’s so easy! I think you should give him your name and bar number so he can sue you for malpractice if he fricks it up.

I have also given him legal advice. I said to get a lawyer to do it. I’m pretty confident I can fend off a malpractice claim. Can you? I think I could convince a judge or jury he reasonably relied upon your advice? Name and bar number please.
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/12/20 at 9:28 pm to
quote:

i will have you know that my mom really likes me


Too bad your mom can’t be on everyone of the juries you go in front of. That is if you ever have them.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/12/20 at 9:40 pm to
quote:

Sounds to me like you have already given him legal advice to do this himself.

You need to go read my posts again

Search page one for "prudent"

I said hiring an attorney was prudent but to be wary of being overcharged
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/12/20 at 10:23 pm to
LOL. Nice attempt to deflect your horrible legal advice. You advised him to go online to figure out how to do this succession. The guy thinks he just has to fill out a form Jesus Christ that’s fricking dumb legal advice.

LOL you think one word absolves you from any responsibility for the legal advice you have given him already in this thread that he may rely upon to his detriment?

Do yourself a favor and stop giving legal advice unless you get paid for it. Malpractice premiums don’t pay for themselves.

Don’t you know you have a responsibility whenever you open your mouth about legal issues? What are you going to do next? Tell people to represent themselves in criminal court? They got some good youtube videos on there all about probable cause and reasonable doubt.

“Go online to figure it out he says!” as I point to you as the defendant in a jury trial for malpractice.



Posted by HoldenOversoul
South Carolina
Member since Oct 2012
509 posts
Posted on 12/12/20 at 11:34 pm to
OP, you can safely ignore the overly aggressive dude who chose to name himself after an SS officer.

With a single beneficiary, if you're certain there won't be any contest and there are no creditors, there's no reason you can't do this yourself. It will be a minor headache and you'll need to sit down and do some research to make sure you're filing things correctly. Call the clerk's office, they may have some forms you can use to make sure things are right.

I'm not a Louisiana attorney, but an uncontested, single beneficiary probate isn't rocket surgery in any state.
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/13/20 at 4:47 am to
The guy is a certified bad arse and a very interesting person. Take a few minutes to read up on him. He ended up working for Israel. What a shitty Nazi! The guy was just basically interested in being a famous bad arse and he was.

Kind of like how Nazi scientists ended up working for the US to develop our rockets. You know, the same scientists that developed the V1 and V2 rockets that were fired at England? We all know who got to the moon first right? OMG there really could be a Nazi base on the moon!

Here is a picture of a Nazi that got us there. Is that President Kennedy riding with him? Ooops! Again, what’s with these shitty Nazis?!


Anyway, I am a WW2 history buff but that doesn’t mean I condone Nazi politics anymore than Kennedy condoned Nazi rocket attacks that killed thousands in England. Thousands of civilians mind you.

Otto just wanted to be a great commando just like Von Braun just wanted to build rockets.

The USA has our own military bad asses as well. I highly doubt the family’s of the people they have killed think of them as fine god-fearing good upstanding citizens. But you do.

Life is not black and white. Labels are for simple people that can’t scratch beyond the surface. Being a Nazi is not what made these people famous and not why my screen name is modeled after him.

It’s actually kind of funny you mentioned it’s not rocket surgery don’t you think?

By the way, I love how you put all these conditions on if he should decide to do this himself. All these ifs don’t sound good.

Research? OMFG it will be greek to him. Haven’t you heard learning the law is actually akin to learning a new language? He could be trying to ask a Russian girl for a date but in fact is asking her something that will get his face slapped. And you do know that Louisiana law language is different than any other State right? So you won’t know either WTF I would be saying either in a succession hearing or pleadings just like the OP, and the ramifications of same.

OP go get a reasonably priced succession lawyer to do this. You are not changing the oil in your mom’s Mercury.

As in Mercury rockets that sent the first USA astronauts into space? Curtesy of a Nazi rocket scientist mind you. Maybe you should shite all over that? Hmmmmm. Maybe I should have named myself after von Braun instead so I could get away with being a secret Nazi?

This post was edited on 12/13/20 at 5:09 am
Posted by OldHickory
New Orleans
Member since Apr 2012
10602 posts
Posted on 12/13/20 at 6:26 am to
You sound as crazy as Commander Delta’s maybe-dead wife’s sister.
Posted by NaturalBeam
Member since Sep 2007
14546 posts
Posted on 12/13/20 at 8:17 am to
For a will this simple, you can easily do this without a lawyer. Depending on the assets that Mom is getting, you may not need to open a succession at all. You certainly don’t need to pay a lawyer a few thousand for this - and I am a lawyer.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/13/20 at 8:20 am to
be careful baw. you better put your malpractice on notice and get prepared to explain this to a JURY
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/13/20 at 8:25 am to
Crazy as a fox.

What is your forum name based on?
Posted by HideChaKidz
Member since Oct 2010
7372 posts
Posted on 12/13/20 at 8:28 am to
quote:

What assets have to go through probate?



Below are the assets that, imo, must go through probate. I've also included the list of ones that I believe do not have to go through probate - please correct me if wrong.

Probate
Car - under dad's name
House - under dad's name
Bank accounts that are under dad's name
Stocks under dad's name
IRA CDs under dad's name


Probate not needed
Joint bank accounts
401K - mom is listed as beneficiary
Pension - mom is beneficiary
Social security - We've already alerted SS and a telephone appointment has been scheduled.

All assets are community property and gained within the 40 years of marriage.


quote:


nctiger71

Article on LA Succesion


Thanks for the link. I will definitely read through this if the quotes are outrageous.

I really appreciate everyone's input on this. This has been a tough holiday season on our small family.
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/13/20 at 8:30 am to
Still waiting on your name and bar number. You seem to be quite comfortable giving legal advice behind the veil of anonymity. Wonder how you would do if the veil were lifted.
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/13/20 at 8:31 am to
LOL let’s hear the legal advice friends! He’s asking.
Posted by Kattail
Member since Aug 2020
3392 posts
Posted on 12/13/20 at 8:45 am to
A little word of advice: Do some research on succession law in your state before you meet with attorney. Plenty of info online.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/13/20 at 8:45 am to
quote:

You seem to be quite comfortable giving legal advice behind the veil of anonymity

i didn't give any legal advice in this thread. the big legal issue is if the will is valid and legal. THAT analysis would require some legal advice, which i don't believe anyone in this thread has given. everyone has replied assuming OP is correct and the will is valid. i even put, i believe twice, that the process is simple unless it is contested. in that case, i hope he gets an attorney b/c succession litigation can be immensely complicated

i told him to speak with attorneys but not get gouged

now, i did reply to you and correct you on your incorrect assertions that he could royally frick this up if he did it on his own. that's not instructing OP in any way, just correcting you. i'm not telling OP "hey you can't screw this up go do it on your own". i'm saying "Otto, you are wrong".

i'll make this simpler, with an instruction to OP: go speak to a couple attorneys (who give free consultations), but if they sound like the poster Otto, run away.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/13/20 at 8:49 am to
quote:

A little word of advice: Do some research on succession law in your state before you meet with attorney. Plenty of info online.


This is another link with good information on the steps involved

that site has a LOT of good blog articles (written by an attorney) that explain things very well
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