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Posted: 2/12/2017 5:51:28 PM EDT
My mother passed away and left a house and personal property to the 3 of us.  Have meetings with possible probate attorneys but are they really necessary?

She left her bank accounts with pay on death provisions so that's a done deal.  One and only credit card paid for. Ambulance and hospital bills the only debts she left behind.

The house is a sticky wicket, majority share to one, the rest split between the others.  Two in agreement on what to do the other has something else in mind.

Personal property not an issue, what little she had is being split with no issues.

Anywho,  has anyone NOT hired an attorney to probate a will?  Is there a lot of hoops to jump through?

Anyone have what an attorney might charge (I haven't got a ball park figure to work with) and is it worth it to avoid the hassle of DIY.

I hate to spend a lot on an attorney since there's not much in the estate to cover expenses.  Thanks for looking.
Link Posted: 2/12/2017 7:03:39 PM EDT
[#1]
Why don't you do your own appendectomy (with no surgeon) while you're at it?

Don't do it. You'll screw something up and will pay for a lawyer to fix it.

<(30 years practicing law and 3 years on the bench)
Link Posted: 2/13/2017 4:20:11 PM EDT
[#2]
Worth the not very high cost for a simple will to pay an attorney.
Link Posted: 2/13/2017 5:44:35 PM EDT
[#3]
Quoted:
My mother passed away and left a house and personal property to the 3 of us.  Have meetings with possible probate attorneys but are they really necessary?

She left her bank accounts with pay on death provisions so that's a done deal.  One and only credit card paid for. Ambulance and hospital bills the only debts she left behind.

The house is a sticky wicket, majority share to one, the rest split between the others.  Two in agreement on what to do the other has something else in mind.

Personal property not an issue, what little she had is being split with no issues.

Anywho,  has anyone NOT hired an attorney to probate a will?  Is there a lot of hoops to jump through?

Anyone have what an attorney might charge (I haven't got a ball park figure to work with) and is it worth it to avoid the hassle of DIY.

I hate to spend a lot on an attorney since there's not much in the estate to cover expenses.  Thanks for looking.
View Quote


I have been executor 4 times and never hired an attorney. Not sure why I would need one. How hard is to walk down to County Clerks office and file paperwork? It took me like 15 minutes each time.
Link Posted: 2/13/2017 6:48:43 PM EDT
[#4]
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Quoted:


I have been executor 4 times and never hired an attorney. Not sure why I would need one. How hard is to walk down to County Clerks office and file paperwork? It took me like 15 minutes each time.
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View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
My mother passed away and left a house and personal property to the 3 of us.  Have meetings with possible probate attorneys but are they really necessary?

She left her bank accounts with pay on death provisions so that's a done deal.  One and only credit card paid for. Ambulance and hospital bills the only debts she left behind.

The house is a sticky wicket, majority share to one, the rest split between the others.  Two in agreement on what to do the other has something else in mind.

Personal property not an issue, what little she had is being split with no issues.

Anywho,  has anyone NOT hired an attorney to probate a will?  Is there a lot of hoops to jump through?

Anyone have what an attorney might charge (I haven't got a ball park figure to work with) and is it worth it to avoid the hassle of DIY.

I hate to spend a lot on an attorney since there's not much in the estate to cover expenses.  Thanks for looking.


I have been executor 4 times and never hired an attorney. Not sure why I would need one. How hard is to walk down to County Clerks office and file paperwork? It took me like 15 minutes each time.


Right up till you encounter something you do not have experience with.
The OP does not appear to have any experience.

Big difference.
Link Posted: 2/13/2017 6:58:45 PM EDT
[#5]
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Quoted:

Right up till you encounter something you do not have experience with.
The OP does not appear to have any experience.

Big difference.
View Quote


Neither did I on the first one.

What is going to be encountered? You have a death certificate, you have a will, you go the clerk's office and they walk you through filing it. DONE. Now if the Judge rejects it, then maybe you need an attorney, but you certainly do not need one to file and then execute if judge approves.

This is easier than getting a Driver License. Don't be intimidated.
Link Posted: 2/15/2017 1:45:45 PM EDT
[#6]
Shop around. Find one.
Link Posted: 2/21/2017 3:08:30 PM EDT
[#7]
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Quoted:


Neither did I on the first one.

What is going to be encountered? You have a death certificate, you have a will, you go the clerk's office and they walk you through filing it. DONE. Now if the Judge rejects it, then maybe you need an attorney, but you certainly do not need one to file and then execute if judge approves.

This is easier than getting a Driver License. Don't be intimidated.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

Right up till you encounter something you do not have experience with.
The OP does not appear to have any experience.

Big difference.


Neither did I on the first one.

What is going to be encountered? You have a death certificate, you have a will, you go the clerk's office and they walk you through filing it. DONE. Now if the Judge rejects it, then maybe you need an attorney, but you certainly do not need one to file and then execute if judge approves.

This is easier than getting a Driver License. Don't be intimidated.

Looks like there's one potential problem already:
"The house is a sticky wicket, majority share to one, the rest split between the others. Two in agreement on what to do the other has something else in mind"
Link Posted: 2/21/2017 3:40:00 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Looks like there's one potential problem already:
"The house is a sticky wicket, majority share to one, the rest split between the others. Two in agreement on what to do the other has something else in mind"
View Quote


How is that a problem?

She had a will, it has to be followed. What others think does not matter.

The last will I was executor for had 27 beneficiaries. Three of them took me aside personally after funeral (like 30 minutes after)  to tell me all the things the deceased wanted them to have. I already knew what was in will, had talked to the deceased about what folks were to get (will did that). I have a lovely collection of hate texts from those three when I followed the will and not their wishes.

Hey, if you think you can't do it without lawyer, hire one. But it is not hard and it is FREE to talk to probate court to see what needs to be done and then decide if you are up to it.
Link Posted: 3/27/2017 3:22:29 PM EDT
[#9]
Father died with a house, savings, an S-Corp, a few oil wells, that only produce bills, etc.
Lawyer charged around $10,000.
WELL WORTH IT, IMHO
Link Posted: 4/4/2017 12:52:44 AM EDT
[#10]
The houses may get you.  Have you price shopped?  Do that then make the call.  If it's 100k estate and the lawyer wants 15 heck with that.   If it's 3 million and they want 25k don't be a cheapskate.
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