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re: Do you need a lawyer for probate?

Posted on 12/12/20 at 1:56 pm to
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/12/20 at 1:56 pm to
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 by Neauxla_Tiger
Member since Feb 2015
1890 posts
Posted on 12/12/20 at 3:25 pm to
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.

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 by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/12/20 at 8:31 pm to
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
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