Does every estate have the need for a probate lawyer?

Does every estate have the need for a probate lawyer?
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1 Answer

Answer :

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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Related questions

What is a typical fee charged by a lawyer handling a probate?

Description : What is a typical fee charged by a lawyer handling a probate?

Last Answer : The cost of hiring a probate lawyer varies throughout the United States. The average cost of hiring a lawyer for a standard estate is $1,500 as a national average.

Is it possible to file probate without a lawyer in the state of Florida?

Description : Is it possible to file probate without a lawyer in the state of Florida?

Last Answer : No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated

I am the executor of my brother's will. He lived in Iosco County, died in Kalamazoo County and I live in Allegan County. Where do I have to file probate and is it ok to have a Allegan County lawyer if I file in Iosco County?

Description : I am the executor of my brother's will. He lived in Iosco County, died in Kalamazoo County and I live in Allegan County. Where do I have to file probate and is it ok to have a Allegan County lawyer if I file in Iosco County?

Last Answer : You will need to file in The county in which he lived. Any lawyer will be fine as long as they handle this type of case. It is fairly easy to do as I did with my father. The lawyer should handle all details of this process.

do you have to have a lawyer to probate a will if the will dictates who is teh executor ?

Description : do you have to have a lawyer to probate a will if the will dictates who is teh executor ?

Last Answer : If you already have a named executor, there is no need for a lawyer.

My brother just passed away in Albuquerque, New Mexico, he did not have any real property (real estate) he did own his vehicle and tools. His total amount of assests is around $30,000 and that might be high. Do I have to go through probate. ?

Description : My brother just passed away in Albuquerque, New Mexico, he did not have any real property (real estate) he did own his vehicle and tools. His total amount of assests is around $30,000 and that might be high. Do I have to go through probate. ?

Last Answer : Yes because you need to transfer the property to be able to sell it.

MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?

Description : MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?

Last Answer : Probate may be needed it would be best for you to consult a probate attorney.

what happens when someone dies and his estate never goes through probate and then the executor of his estate dies ?

Description : what happens when someone dies and his estate never goes through probate and then the executor of his estate dies ?

Last Answer : You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.

My father died 11 years ago and my step mother never put his estate into probate. what can I do now. ?

Description : My father died 11 years ago and my step mother never put his estate into probate. what can I do now. ?

Last Answer : This is illegal. Contact an attorney. A will must go through probate or the estate itself must go through probate, but even if she legally inherited everything, there must be a probate process to hand over all legal title to her.

Do I need a lawyer for estate planning?

Description : Do I need a lawyer for estate planning?

Last Answer : While it is not required by law, it would be in your best interest to hire one. This is due to the fact that even one error can be tragic. Plus, some state laws are funny about who to trust and it would be best if they knew the information was prepared by a pro.

Questions to ask a Real Estate Lawyer?

Description : Questions to ask a Real Estate Lawyer?

Last Answer : answer:Here's a guide on selecting a good lawyer. Lots of good questions! Here are the questions for reference: How to Find a (Good) Real Estate Lawyer by Sue Caskey Attorney, Sue ... surprised at how a fruitful relationship will develop. This person will have connections that can benefit you.

Is it necessary to hire a real estate lawyer while purchasing a house?

Description : Is it necessary to hire a real estate lawyer while purchasing a house?

Last Answer : It is not that compulsory to have an attorney while buying any kind of property, If you know all the legal aspects of the papers the builder or reseller, in case of resale property, ... states what all necessary documents are required from the builder's side before selling that type of property.

What are the functions of an estate planning lawyer?

Description : What are the functions of an estate planning lawyer?

Last Answer : An Estate Planning Lawyer helps establish power of attorney, of a living trust, and the health care plan to protect you while you are alive. The person will also work with you to make a will as to sau who hets what to those you leave behind.

does property need to be deeded into a family trust in order to avoid probate

Description : does property need to be deeded into a family trust in order to avoid probate

Last Answer : Yes, I was told so. If you are concerned about the probate cost, that varies by state.

If I need the money for medical bills, is it possible to get a probate cash advance on my inheritance?

Description : If I need the money for medical bills, is it possible to get a probate cash advance on my inheritance?

Last Answer : For Heirs of a Probate who need advance cash on their Inheritance now, rather than waiting for the Estate in Probate to close, Heir Advance Company offers you an immediate Probate Loan, or Inheritance cash advance solution.

Probate question. See inside.

Description : Probate question. See inside.

Last Answer : You need to get an attorney right away. It depends on the terms of the trust. How did your cousin access it? What were the terms if your mother was dead?

What is the name of the document (authority) that a court issues to a personal representative (executor) in an intestate probate proceeding?

Description : What is the name of the document (authority) that a court issues to a personal representative (executor) in an intestate probate proceeding?

Last Answer : Do you mean “power of attorney”? Or you may find the answer in this article—one term mentioned is “probate of heirship”

how to tell when probate is over

Description : how to tell when probate is over

Last Answer : Need Answer

how and when to file probate?

Description : how and when to file probate?

Last Answer : Usually your state law would determine if you had too. Normally you will need to and the time depends on the law in your state and is thirty days in a lot of places. call you probate court...they will be able to help you.

What is California cap or limit for legal fee for probate?

Description : What is California cap or limit for legal fee for probate?

Last Answer : what is the limit a lawyer can charge in California forprobate

Do you have to go through probate in Connecticut?

Description : Do you have to go through probate in Connecticut?

Last Answer : If the decedent was the sole owner any property such as realestate or bank accounts then the estate must be probated.

How to Understand Probate?

Description : How to Understand Probate?

Last Answer : Probate is a legal term and a process. The term refers to the actions by a court to prove what the final wishes of a decedent are and who their legal heirs are. The process is the ... are valid and lawful.Certain probate procedures must be followed when an estate passes into that court's j

Where can I find information on Michigan probate law?

Description : Where can I find information on Michigan probate law?

Last Answer : Your state Bar Association Website is always a great resource for law related questions. I have included a link to the Michigan Bar Association page that addresses Probate ... ://www.legislature.mi.gov/%28S%28vam5jxjmtjnbzsfkv0jlh53k%29%29/mileg.aspx?page=GetObject&objectname=mcl-chapters-701-713)

What is the probate law?

Description : What is the probate law?

Last Answer : Probate law has to do with the legal distribution of the estate of a diseased person. Probate court can be avoided by having a living trust, or a will, that specifies who the recipients of the estate will be.

How do I get my probate money?

Description : How do I get my probate money?

Last Answer : Your inharitance money needs to go through probate to be sure no one else has claims to it. Probate will run it's course quickly if there is a will. If you are having issues getting your probate money ... States. By using this site, you will be able to find the best probate attorney in your area.

Do we have to go to probate court if a will is uncontested?

Description : Do we have to go to probate court if a will is uncontested?

Last Answer : The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if ... go to probate court. The process is faster though and you will be put on the uncontested docket.

What is the job description for a probate attorney?

Description : What is the job description for a probate attorney?

Last Answer : A probate attorney advises and helps in the probate process. This includes management of estates, securing life insurance payouts, details of appropriate retirement plans, et cetera.

What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?

Description : What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?

Last Answer : For Heirs Who Want Advance Inheritance Cash Quickly & Securely: Probate Cash ... form of a house and property only, with no cash, can we still apply for a Probate Loan? ... What court fees and ... with Probate? .... The inheritance advance took my focus off money. Instead of getting further ...

Is ther a time limit on how long probate will last with an uncontested will?

Description : Is ther a time limit on how long probate will last with an uncontested will?

Last Answer : It usually has to stay open for 6 months.

if a person passes and doesn't own any property, do you still have to go to probate court. also, if they owned property and signed it over to a relative, is there a time frame before you die this this should take place?

Description : if a person passes and doesn't own any property, do you still have to go to probate court. also, if they owned property and signed it over to a relative, is there a time frame before you die this this should take place?

Last Answer : If there are any assets and debts, the estate will be probated. The assets do not have to include real property. If the individual deeded the property to another prior to his passing, the property belongs to the deed hold.

In state of Virginia, when a widow dies does her will have to go thru probate There are three children (adults).?

Description : In state of Virginia, when a widow dies does her will have to go thru probate There are three children (adults).?

Last Answer : Yes, it will have to go thru probate. This happens at the county court offices

We have added our daughter to our Deed to our Home, by a QUIT CLAIM DEED. She is given the rite of survivorship& her name shows on the tax rolls. Would this have to go through Probate ?

Description : We have added our daughter to our Deed to our Home, by a QUIT CLAIM DEED. She is given the rite of survivorship& her name shows on the tax rolls. Would this have to go through Probate ?

Last Answer : Yes as the house could still be claim to pay any debts you have.

how do i find out if a will has probate yet?

Description : how do i find out if a will has probate yet?

Last Answer : You have to speak to the lawyer who drew up the will.

My mother passed recently and had no living will.I am her only child. Do I have to go through probate to access funds in her bank account?

Description : My mother passed recently and had no living will.I am her only child. Do I have to go through probate to access funds in her bank account?

Last Answer : Yes, this must go through probate. The only exception is if you are already a joint account holder or if she had an "in the event of death" beneficiary on the account with your name on it.

Is there a statute of limitations for probate and does a will, filed in a different State matter?

Description : Is there a statute of limitations for probate and does a will, filed in a different State matter?

Last Answer : The state of filing wont matter. A Will must be filed for probate within four years after the date they died.

How is a house valued in probate The apprasial amount or Market value Balance of mortgage is $127,000. Can the spouse buy out the adult children ?

Description : How is a house valued in probate The apprasial amount or Market value Balance of mortgage is $127,000. Can the spouse buy out the adult children ?

Last Answer : The home should be valued at "fair market value", which is the value that a willing buyer and willing seller would set the house at, assuming they each knew all applicable facts. The spouse can buy out the adult children under some circumstances.

In case the balance was above one lac in deceased depositor account___ is necessary a) Witness of responsible person b) Thumb impression of the deceased person c) Succession certificate or Probate of will or letter of administration d) All the above

Description : In case the balance was above one lac in deceased depositor account___ is necessary a) Witness of responsible person b) Thumb impression of the deceased person c) Succession certificate or Probate of will or letter of administration d) All the above

Last Answer : c) Succession certificate or Probate of will or letter of administration

If a person dies and is at time of death the holder of a saving certificate and there is no nomination in force _____should be produced within 3 month for payment a) Death and probate of his willb) Letter of administration of his estatec) A succession certificate granted under the Indian succession act 1925,d) Any one of the abovee) None of these

Description : If a person dies and is at time of death the holder of a saving certificate and there is no nomination in force _____should be produced within 3 month for payment a) Death and probate of his will ... certificate granted under the Indian succession act 1925, d) Any one of the above e) None of these

Last Answer : d) Any one of the above

How to Probate a Will ?

Description : How to Probate a Will ?

Last Answer : How to Probate a Will Planning for the future can be an exciting task. Nothing beats the feeling of finally making your dreams come true, but one aspect of the future that may be hard to think about is ... may be leaving them behind, but you won't be leaving them without things to remember you by.

Do I need a Lawyer?

Description : Do I need a Lawyer?

Last Answer : answer:There were two lawyers at our closing. One for them and one for us. Closings are very complex. You want to make sure you don’t agree to something that could really hurt you. I’d have a lawyer.

Do I need a lawyer to evict a tenant for not paying rent in Washington dc?

Description : Do I need a lawyer to evict a tenant for not paying rent in Washington dc?

Last Answer : I would probably begin by contacting law enforcement. I know nothing else specific about this problem however.

What defines a Hit and Run with property damage in California? Do I need a lawyer if I plead guilty? What are the potential penlaties?

Description : What defines a Hit and Run with property damage in California? Do I need a lawyer if I plead guilty? What are the potential penlaties?

Last Answer : answer:I'm not a lawyer, but this was what I was able to find. Here's the California statute regarding this, what you were obliged to do by law, when you hit the other car. The maximum ... what the procedure is for getting a court appointed attorney in California is in cases like this. Good luck.

Do you need a lawyer for a DUI in California?

Description : Do you need a lawyer for a DUI in California?

Last Answer : I am no legal expert. From what I understand, if you are charged with a criminal offense and cannot afford a lawyer the court may appoint a public defender. There are people on here who know a lot more ... . Hopefully they will see your question. I will try to do a search and see what I can find.

Do I need a lawyer to help fill out a patent application?

Description : Do I need a lawyer to help fill out a patent application?

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Do I need to hire a lawyer if I get audited by the IRS?

Description : Do I need to hire a lawyer if I get audited by the IRS?

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Do I need a lawyer before I accept a workmans comp settlement?

Description : Do I need a lawyer before I accept a workmans comp settlement?

Last Answer : If you are agreeable to the terms of the worksman's comp settlement then you don't need an attorney. However, if you are concerned your interests are not being met then you should consider hiring an attorney to represent you.

Do I need a lawyer to make a living will?

Description : Do I need a lawyer to make a living will?

Last Answer : You do not need a lawyer to make a living will. There are actually many sites online that you can go to. Just search the term "living will".

I am in need of a lawyer that will take on a case for suing a medical insurance compnay on my behalf. Can you help me?

Description : I am in need of a lawyer that will take on a case for suing a medical insurance compnay on my behalf. Can you help me?

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I need a lawyer specializes in legal malpractice in VA Hospital.?

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Do I need to see a lawyer before I sign the standard lease agreement?

Description : Do I need to see a lawyer before I sign the standard lease agreement?

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Description : What degrees in law do you need to be a lawyer?

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