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re: Do you need a lawyer for probate?

Posted on 12/12/20 at 9:23 am to
Posted by go ta hell ole miss
Member since Jan 2007
13686 posts
Posted on 12/12/20 at 9:23 am to
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.
Posted by HideChaKidz
Member since Oct 2010
7372 posts
Posted on 12/12/20 at 9:41 am to
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.
Posted by baldona
Florida
Member since Feb 2016
20656 posts
Posted on 12/12/20 at 12:29 pm to
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.
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