Do I need a lawyer to probate an estate?

Posted by Rob GoldmanJun 25, 20100 Comments

There is no legal requirement that an attorney be used to probate an estate. If the estate is simple and one is detail-oriented and willing to do some research and make an effort to understand what is required, the average person should be able to get through the process without a major problem. However, there are different types of estates and many different issues that may arise, and it may prove very costly to assume one knows what to do when one does not really know what one does not know! As a general rule, it makes sense not to try to save some money by cutting the lawyer out of the loop. Probate law is a specialty area of practice for a reason, and it is difficult to place a value on Peace of Mind and avoiding disputes over inheritance rights, allegations of wrong-doing, tax issues, the correct processing of claims, valuation, liquidation, and distribution issues, just to mention a few. Bear in mind that it is far more costly to try to fix a problem than to avoid it in the first place by doing things the right way. Moreover, there is less likelihood of having to deal with family in-fighting and blame if an attorney handles the estate.

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