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No, you do not necessarily need a lawyer when filing a will in probate, however because it is such a court-intensive process having a lawyer that knows the system is always a plus. In the process of probate, a probate court determines the validity of the decedent's "last will and testament." After this, the court oversees asset distribution to named beneficiaries or rightful heirs according to state intestate succession statutes. The court also oversees the payment of estate taxes and resolves conflicts between heirs.
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∙ 14y ago
It is not always required to have an attorney to file for probate, as individuals can choose to navigate the process on their own. However, hiring an attorney can provide valuable expertise and guidance, especially for complex estates or if there is potential for disputes among beneficiaries. It may be beneficial to consult with an attorney to determine the best course of action for your specific situation.
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How can a cosigner sue estate of deceased borrower?
To sue the estate of a deceased borrower as a cosigner, you would need to file a claim in probate court against the estate. The court will then determine if the debt owed is legitimate and if the estate is liable to pay it off. It is advisable to consult with a probate attorney for guidance through this process.
How do you force out executrix of will?
If there are grounds to remove an executrix of a will, you typically need to petition the probate court. Common reasons for removal include misconduct, conflict of interest, or incompetence. It's recommended to consult with a probate attorney to guide you through this legal process.
How do i claim my cousin's estate?
To claim your cousin's estate, you will need to determine if they left a will. If there is a will, you may need to file a petition for probate in the appropriate court. If there is no will, you may need to go through the intestate succession process in accordance with the laws of your state. It is recommended to seek the assistance of a probate attorney to help guide you through the legal process.
How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
Can an adopted person make a claim on his biological father's estate?
Whether an adopted person can make a claim on his biological father's estate depends on the laws of the jurisdiction where the father's estate is being probated. In some jurisdictions, adoption may sever the legal relationship between the biological parent and the adopted child, potentially affecting their right to inherit. It's best to consult with a legal professional in the relevant jurisdiction for specific advice.
What type of lawyer do you need to settle a will?
You need an attorney who specializes in probate law.
What would you file to get someone removed as a testamentary trustee?
You would file a petition to the probate court. Each state has its own set of forms and procedures. In this case your really need to talk to an attorney that specializes in probate.
In Texas does an heir need an attorney to file a request with the probate court for a review of the executrix's accounting of the estate?
No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.
What if ever one wont sign to revive the will mom has left us ther is 7 kids and some are hard to find and some just wont sign its been over three years how long do they have to sign?
You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.
How do you file a quit claim deed on dead parents and 10 children?
You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.
You've been appointed POA over your mothers estate and she passed away. Can you view the paperwork on the internet?
First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.
Can you change attorneys after the estate has entered probate?
Yes. However, you will need to settle your bill with the first attorney for any time she has invested in the file so far.
How do you file for estate administrator for your father who died without a will?
The best thing is to consult a probate attorney in your jurisdiction. Depending on the laws, there may not be a requirement to probate.
What do you do when no will has been made and there is no executor of the estate?
Some qualified person must petition the probate court to be appointed the Administrator of the estate. You should consult with an attorney who specializes in probate law. If that's not possible you should speak with a clerk at the probate court who maytell you what you need to file.
Probate procedures for multiple deceased members?
A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.
How do you leave your property to a friend upon your death?
You make an appointment with an attorney who specializes in probate law and who can review your situation and your desires about distributing your property after your death. The attorney can then draft a will that will be legal and binding in your jurisdiction. You should make certain there are individuals who will know where to find the will in the case of your death. You can usually file it at the local probate court for a minimal fee.You make an appointment with an attorney who specializes in probate law and who can review your situation and your desires about distributing your property after your death. The attorney can then draft a will that will be legal and binding in your jurisdiction. You should make certain there are individuals who will know where to find the will in the case of your death. You can usually file it at the local probate court for a minimal fee.You make an appointment with an attorney who specializes in probate law and who can review your situation and your desires about distributing your property after your death. The attorney can then draft a will that will be legal and binding in your jurisdiction. You should make certain there are individuals who will know where to find the will in the case of your death. You can usually file it at the local probate court for a minimal fee.You make an appointment with an attorney who specializes in probate law and who can review your situation and your desires about distributing your property after your death. The attorney can then draft a will that will be legal and binding in your jurisdiction. You should make certain there are individuals who will know where to find the will in the case of your death. You can usually file it at the local probate court for a minimal fee.
How long and how hard does executor look for heirs?
You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.
