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re: Do you need a lawyer for probate?

Posted on 12/13/20 at 11:07 am to
Posted by meansonny
ATL
Member since Sep 2012
25775 posts
Posted on 12/13/20 at 11:07 am to
Gotta love attorneys who make all of the attorney jokes funny.

There are white hat attorneys and black hat attorneys. Buyer beware.
Posted by meansonny
ATL
Member since Sep 2012
25775 posts
Posted on 12/13/20 at 11:11 am to
quote:

For a will this simple, you can easily do this without a lawyer. Depending on the assets that Mom is getting, you may not need to open a succession at all. You certainly don’t need to pay a lawyer a few thousand for this - and I am a lawyer.



This.

I've seen much more complicated issues (divorce and remarriage. Assets prior to marriage. Kids from previous marriages) go through without an attorney and without a hitch.

What is your time worth?
There is a lot of value to hiring an attorney. But if you have time to be diligent and time to bump your head a bit along the way, good luck to you.
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/13/20 at 12:00 pm to
I believe you did give legal advice and now need to backtrack since the OP is now giving us more information and asking for more advice on what to do and now you realize he might actually reasonably rely on what you say. Process may be simple to you (and me of course) but it’s not simple to him. It’s obvious by the last post he made. I see all sorts of issues he could make mistakes on and cost him a lot more money than he saves by not hiring a succession attorney.

Glad you shut your trap before you stepped in bigger piles of shite, saw the light, and are now advising him to speak to a lawyer. Just like I did from the get go.

To the OP: I am a DIY guy as much as possible but some things you just need to pay someone else to do.

As for running away from a guy like me, I have confidence in my abilities. Usually mistaken by weaker men as being an a-hole. It’s OK. I’ve learned to live with it and laugh (instead of getting mad) when I see others not take my advice and fumble around and frick up.

So do like SlowFlowPro has advised you. Sorry you had to listen to me intellectually beat the right advice out of him.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42545 posts
Posted on 12/13/20 at 12:01 pm to
Jesus dude, take a chill pill
Posted by Barrister
Member since Jul 2012
4633 posts
Posted on 12/13/20 at 12:04 pm to
I generally answer this question this way.....technically, you do not need a surgeon to remove your appendix - - I just would not advise it.
Posted by go ta hell ole miss
Member since Jan 2007
13661 posts
Posted on 12/13/20 at 1:44 pm to
You are talking about these things without offering th OP advice on what the heck you mean. How does he get it probated first? What is a judgement of possession and how do you get that? What is a DDL and how do you get that? If someone challenges then do we hire an attorney? Is he automatically an executor because it’s in the will, so he can immediately act on behalf of estate or does he have to petition the court for approval to be executor? Once that happens does the court issue its own order or does he have to prepare one? Where are the guides we can find online? Does he need to alert anyone? How does he provide notice to creditors? Once he provides notice are there time delays? After providing notice to creditors is the estate automatically closed or does it need another petition to be filed? How long does all of this take? Does the heir need to sign off on the petition or just the former wife?

You say it’s easy and then go through a lot of things regular people don’t know. Baldona told me to go frick myself because I basically said he needed someone that can do all of those things for next to nothing instead of trying to figure it out on his own.

The bigger question is does he even need to do an estate or succession and why?
This post was edited on 12/13/20 at 2:12 pm
Posted by John McClane
Member since Apr 2010
36710 posts
Posted on 12/13/20 at 10:02 pm to
Sorry for your loss.
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 12/14/20 at 7:28 am to
When it comes to the law I don’t hold back and always go for the kill. I don’t let them get up when I have them on the ground. I step on their throat until they surrender or they die. It’s a passion for me.

But don’t misunderstand. I’m not a hired gun like others are and don’t twist words to be paid like a whore. I don’t take cases where the client wants to or has fricked someone over. Money doesn’t mean anything to me and it shouldn’t mean anything to any attorney when it comes to the law. I didn’t fight for me. I fought for the OP. If you can see that, then you know why I did what I did. The attitude lawyers are supposed to have and not the abomination the profession has turned into.
Posted by hungryone
river parishes
Member since Sep 2010
11987 posts
Posted on 12/14/20 at 9:31 am to
Sorry for your loss. Plenty of decent-human attorneys will handle simple probate for a reasonable cost. It is worth the peace of mind for you & mom not to DIY this matter, and to use the assistance of an attorney. This is a situation where you can truly be penny wise and pound foolish. Talk to your friends & relatives about who is trustworthy in your area, and get a couple of quotes.

I can think of a couple of attorneys (who usually practice in other areas of the law) who handled their own family successions & made expensive errors. Grief can easily cloud your objective thinking, and it is worth a few bucks to have things handled by a third party.
Posted by LSUGUMBO
Shreveport, LA
Member since Sep 2005
8542 posts
Posted on 12/14/20 at 10:13 am to
Louisiana probate? Keep in mind that Louisiana does things a little differently than the rest of the world because of Napoleonic Law. It's not that difficult, but it also won't be that expensive if it is as straight forward as you say it is.
Posted by benwillis57
Baton Rouge
Member since May 2018
25 posts
Posted on 3/26/24 at 1:58 pm to
I am looking now for a lawyer. I see that prices are so high. Where have you found servcies for a good price?
Posted by LSUGUMBO
Shreveport, LA
Member since Sep 2005
8542 posts
Posted on 3/26/24 at 2:12 pm to
If it's truly that straight forward, it won't cost you all that much in attorney fees. Either way, you're going to pay filing fees. I wouldn't imagine more than 10-15 billable hours, but that's strictly a semi-educated guess on my part. 4-5 instruments filed (Application, LWT, Inventory, Judgment of Possession). As much as I'd want to do it myself, too, I'd probably pay the attorney for peace of mind.
Posted by LSU1018
Baton Rouge
Member since Feb 2007
7222 posts
Posted on 3/26/24 at 7:43 pm to
You get what you pay for. You do a succession one time, pay the money and get it done right. As someone else stated, filing fees are a big part of the cost. Get an attorney that actually does this for a living.

I’m not an attorney and don’t do this but I see a lot of these done wrong then people have to pay more filing costs to get successions fixed.
Posted by 3D
NJ
Member since Sep 2013
1028 posts
Posted on 3/26/24 at 8:01 pm to
I was a single beneficiary executor on my Dad's stuff. I wasnt sure how to change the name on the title to some property so I called a lawyer (florida) who claimed it would run about $25k to have it all done up. I thought it was going to be just a few forms I could file.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 3/27/24 at 8:27 am to
Holy shite a 4 year old bump and then a bot marketing post
Posted by tigerfoot
Alexandria
Member since Sep 2006
56498 posts
Posted on 3/27/24 at 8:46 am to
I wonder what the OP did? I wonder if the resident lawyer assassin is choking anyone out? I wonder if you were disbarred because of all the advice on the message board that went awry? So many quesitons.
Posted by PetroBabich
Donetsk Oblast
Member since Apr 2017
4636 posts
Posted on 3/27/24 at 9:45 am to
quote:

There are white hat attorneys and black hat attorneys. Buyer beware.


I know this is an old bump but what's this mean?
Posted by meansonny
ATL
Member since Sep 2012
25775 posts
Posted on 3/27/24 at 9:56 am to
quote:

quote:
There are white hat attorneys and black hat attorneys. Buyer beware.


I know this is an old bump but what's this mean?


It is a cowboy reference. In the old black and whites, the good guys wore white hats. The bad guys wore black hats. They were all gunslingers.

The white cowboy hats argue the law. What is just.
The black cowboy hats argue pain. What will inflict the most pain on opposing council?
What will inflict the most pain on the opposing side of litigation?
It isn't about matter of law or justice. More using law and claims of justice to perversely inflict regret and misery on the opposing side.

It was a business attorney who gave me the analogy. I was referring him a potential client, and he was trying to discover which hat my friend was asking him to wear. The attorney was British but fancied himself as a very capable western actor.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 3/27/24 at 2:05 pm to
quote:

I wonder if you were disbarred because of all the advice on the message board that went awry?

I've been in front of so many juries due to posts in this thread. SO MANY juries.
Posted by PUB
New Orleans
Member since Sep 2017
18311 posts
Posted on 3/27/24 at 5:29 pm to
If the estate is under $75k(?) and no RE you can file an affidavit for a simple succession
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