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The short answer is "no." In most (if not all) US states, a lawyer is not required to draft a will. The rest of this is my opinion: If the will is not a complicated one, doing it yourself is not very hard. If the difficulty is higher, you may wish to still do it yourself, but it will take some time. If the will is complicated, find a competent estate planner and estate lawyer. If you don't know all of your state's verbiage that needs to be included in the will that you want to draft, get a lawyer. If you are willing to take the time to learn the verbiage that must be included, there are resources to help. If you don't know how you would like to make it work, or do not know the best way to protect the most stuff, find a competent estate planner. Once again, if you are willing to take the time to learn how to do it, there are resources to help. I would recommend to not go to a lawyer to learn how to structure the will, nor would I go to an estate planner to get the will's verbiage. It is the lawyer's job to make sure the will holds up in court, should it be challenged. It is the estate planner's job to make sure the money and assets go where you want them to. It is both the lawyer's and the estate planner's job to make their employer money. In some instances, they can save you money and heartache.
Most likely, no, if by "probate a will' you mean getting that will admitted to probate and getting Letters Testamentary issued. Most states handle that matter at a county level and in a way that any person can do themselves. Most will have clerks who will fill out the appropriate forms for you.
Another PerspectiveNot if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.
A Lawyer is not required by law.
ButYou must be very care full:- Make sure this is an uncontested estate
- That you make sure you understand the process
- That the estate is simple
If you get it wrong you can be held financialy responsible.
USE A lAWYER IF YOU ARE NOT 100% SURE.
Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.
Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.
Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.
Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.
Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.
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Who pays the probate attorney and how much?
The estate pays the probate attorney. The amount will depend on the agreement the executor makes with them.
How do children handle their deceased parent's properties?
They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.
Who can help make will?
An attorney one who does estate planning, probate, real estate, etc.
What should children do about probate if no will?
The best thing is to consult a probate attorney in your jurisdiction. They will be able to direct you as to how to resolve the estate.
MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?
Probate may be needed it would be best for you to consult a probate attorney.
Can your probate attorney collect his money through a probate account if you don't have money to pay him?
The estate is responsible for the fees. So, yes, he can collect his money from the estate.
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.
How do you get a deed to real property if the owner passed away in Texas?
The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.
Can heirs transfer deeds to someone since the property is not yet partitioned and there is no will?
You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.
How does the power of attorney assign an executor to and estate?
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
I have the power of Attorney for my mothers real estate and she died do I still have power of attorney?
A power of attorney terminates when the principal dies. You need to petition the probate court to be appointed the representative of her estate.
Getting power of attorney after parent is dead?
You can't. Power of Attorney is only for people who are alive. You can however petition to become the executor of that person's estate.
