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No not every estate needs one. If the size of the estate is very modest and no one will contest it because it it straightforward then the matter can be handled in probate court where the judge will finalize matter. However if the terms are extensive and can be challenged by someone then by all means get an attorney. He may save you years of legal nightmare.
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∙ 14y ago
Not necessarily. Whether or not an estate needs a probate lawyer depends on various factors such as the size of the estate, the complexity of the assets, and the presence of a will. In some cases, a probate lawyer is necessary to navigate the legal process, while in others, the estate can be settled without legal assistance.
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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.
How can you see the Will of your deceased father- in - law?
You cannot physically see the Will of your deceased father-in-law unless you are named as a beneficiary or executor in the Will. To access the contents of the Will, you would typically need to request a copy from the executor of the estate or the probate court overseeing the administration of the estate.
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 the estate of a deceased person?
To sue the estate of a deceased person, you typically need to file a claim in probate court against the estate. The court will appoint an executor or administrator to handle the estate's affairs, including the lawsuit. Make sure to follow the legal procedures and deadlines set by the court.
I am the Executor of my father's will which has been probated in the state of Ga Is there a time limit to when I need to sell the estate home I heard 3 years from the date my father passed away?
The time limit to sell the estate home can vary depending on state laws and the specific provisions of the will. In Georgia, there is no specific time limit to sell the estate home after probate, but it is advisable to do so as soon as feasible to prevent any complications. Consult with a probate attorney in Georgia to understand the specific obligations and timelines in your case.
How do you do elderly estate planning?
You will need to get an estate lawyer. These lawyer specialize in estate and will planning. They will be able to help you out with setting up every you need to for you loved ones.
Do you need both a power of attorney and excutor of estate paper?
No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.
As the sole beneficiary will you need a lawyer to go to probate?
Title to property, especially real property, does not pass to the beneficiary until the estate is probated. If your local probate court is very helpful you may be able to handle the probating of the estate yourself. If not then you will need to hire an attorney.
What does it take to be an Estate Probate Lawyer?
Dealing with a deceased loved one's estate can be confusing, especially during a time when family members and friends are grieving. There are rules that must be followed and paperwork that must be filed in a timely manner, making even of the simplest of estates difficult for a layman to handle. Large, complex estates or situations where there are conflicts over the division of the estate require the expertise of a trained Estate Probate lawyer.What Is Part Of The Estate?Everything owned by the deceased person, or decedent, including property owned jointly with others and all monies owed to the decedent.What Does Probate Mean?Probate is the process by which the decedent's will is processed through the legal system. When the deceased person made their will, he or she named an executor for their estate. The executor receives a sum for the work he or she performs. It is the executor's responsibility to see that the will is probated in a timely manner, all paperwork is properly filed and the assets are distributed amongst the heirs as specified in the will. If the deceased person owed debts, those must be paid proportionally to the creditors. As probating an estate is an exacting and time-consuming process, most executors hire an Estate Probate lawyer.What Does An Estate Probate Lawyer Do?An Estate Probate lawyer sees that the necessary legal notices are placed in the newspaper to serve notice on all persons and entities having a claim on the estate. The lawyer deals with creditors as well as those owing money to the estate. The lawyer also handles tax issues, gets appraisals on property and assets and deals with the decedent's bank accounts. Working with the executor, the Estate Probate lawyer ensures that all debts are paid, all monies owed are collected and the estate is divided amongst the heirs according to the wishes of the deceased person.Does Every Estate Need An Estate Probate Lawyer?In short, yes. Unless the executor happens to have the legal knowledge to make sure that every requirement is followed to the letter of the law, it is best to hire an Estate Probate lawyer. Heirs to the estate may hire their own lawyers to represent their interests as well.Although the subject is not one that most people want to think about, let alone deal with, planning ahead for the dispersal of one's estate is the best way to ensure that your wishes are carried out with as little extra stress on your loved ones as possible.
What if the property is claimed insolvent and their is no estate to pay the lawyer but he wants to charge a fee still?
You need to review any documents you signed when you hired the attorney to probate the estate. You may have agreed to pay the fee.
do you have to have a lawyer to probate a will if the will dictates who is teh executor ?
If you already have a named executor, there is no need for a lawyer.
What type of lawyer do you need to settle a will?
You need an attorney who specializes in probate law.
Do I need to hire a lawyer to take care of probate for my last will & testament?
It would depend on your individual situation, as well as how much the estate is worth. You may wish to contact a lawyer, however, and get professional advice on your individual situation.
What do you need to transfer your late father money to your account?
You need to be legal executor of the estate of your late father. You will need to prove this to the bank which holds your father's account. To do this you need to submit the will (if one exists) to probate to attest the value of the estate and settle all debts pertaining to the estate first. The quickest way to resolve this is through a lawyer.
Do you need an attorney to file for probate?
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.
Do you have to probate two times when a person dies and leaves two houses one in Texas and one in Arizona?
Yes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate court
If you are an estate administrator how long do you have to wait for a lien to placed on estate?
The periods are different in every state. You need to check the time period for filing claims for your state. You should ask the attorney who is handling the estate. If there is none then you need to check your state probate code.
