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re: Do you need a lawyer for probate?

Posted on 12/12/20 at 8:40 pm to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425879 posts
Posted on 12/12/20 at 8:40 pm to
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
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 go ta hell ole miss
Member since Jan 2007
13686 posts
Posted on 12/13/20 at 1:44 pm to
You are talking about these things without offering th OP advice on what the heck you mean. How does he get it probated first? What is a judgement of possession and how do you get that? What is a DDL and how do you get that? If someone challenges then do we hire an attorney? Is he automatically an executor because it’s in the will, so he can immediately act on behalf of estate or does he have to petition the court for approval to be executor? Once that happens does the court issue its own order or does he have to prepare one? Where are the guides we can find online? Does he need to alert anyone? How does he provide notice to creditors? Once he provides notice are there time delays? After providing notice to creditors is the estate automatically closed or does it need another petition to be filed? How long does all of this take? Does the heir need to sign off on the petition or just the former wife?

You say it’s easy and then go through a lot of things regular people don’t know. Baldona told me to go frick myself because I basically said he needed someone that can do all of those things for next to nothing instead of trying to figure it out on his own.

The bigger question is does he even need to do an estate or succession and why?
This post was edited on 12/13/20 at 2:12 pm
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