Selected as best answer Any one sibling can hire an attorney without the consent of the other. If your sibling hired the probate attorney to open probate and petition the court to appoint her as administrator (assuming no will) to access the account, then a notice of the hearing should have been sent to you.
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Aug 06, 2013 · If your sibling hired the probate attorney to open probate and petition the court to appoint her as administrator (assuming no will) to access the account, then a notice of the hearing should have been sent to you. You can then contest her appointment as administrator or her eventual distribution of the money in the account.
What is a Probate Attorney. A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and ...
Mar 06, 2012 · Probate is the legal procedure by which a deceased individual’s property passes to others after his or her death. Probate is usually necessary whether the person died with a will or without a will (which is known as “intestate”). Upon death, the decedent’s interests are no longer those of a living person.
Jul 18, 2013 · The probate attorney only has as a client the personal representative. The probate attorney has certain ethical duties towards the other heirs, but these do not include talking to them or giving them advise. There are at least three good reasons why the lawyer for the personal representative will not talk to other heirs:
A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.
Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.
Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:
If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.
Probate is the legal procedure by which a deceased individual’s property passes to others after his or her death. Probate is usually necessary whether the person died with a will or without a will (which is known as “intestate”). Upon death, the decedent’s interests are no longer those of a living person.
An interested party is someone who has some financial interest in the settlement of the decedent’s estate.
Probate is usually necessary whether the person died with a will or without a will (which is known as “intestate”). Upon death, the decedent’s interests are no longer those of a living person. In a probate proceeding, assets, liabilities, and any other financial matters become the interest of the “estate” of the deceased.
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I agree with Attorney Reed. While I think it is always better to keep the lines of communication open, and to cooperate with all of the interested parties, the lawyer technically represents the PR and not the beneficiaries.
You need to hire your own probate lawyer to see what is happening with the estate. The attorney for the personal representative only represents the estate and not any of the heirs. If neither the attorney nor the personal representative will return your calls, your best remedy is to have your own representation...
The probate attorney only has as a client the personal representative. The probate attorney has certain ethical duties towards the other heirs, but these do not include talking to them or giving them advise. There are at least three good reasons why the lawyer for the personal representative will not talk to other heirs:...
In addition to the good advice my colleagues have provided, I would add that since probate is an open court process you can go to the court and look at everything that has been filed. Many courts have electronic records, some accessible via the internet. Depending on what information you seek, that may answer your question.
I agree with my colleagues. If you have concerns, it is best to retain your own counsel. This is not unusual.
For example, the military lawyer typically will not represent you in court. If you are in need of more help than the military legal assistance lawyer can provide you, he or she may be able to connect you to a non-military lawyer who can represent you pro bono (free) or for a fee.
There are also legal areas in which a military legal assistance attorney may NOT be able to help you, including: claims against the government; military Administrative issues such as fitness report rebuttals or Article 138 Complaints (This varies somewhat by branch.); legal matters concerning your privately owned business.
Legal assistance attorneys can provide you legal advice and assistance in a number of legal areas, including: 1 Drafting wills 2 Drafting powers of attorney 3 Drafting advanced medical directives (living wills) 4 Reviewing contracts and leases 5 Notary services 6 Estate planning advice 7 Advice on family law matters, including custody 8 Tax assistance 9 Advice on credit and lending issues 10 Information on immigration and naturalization 11 Advice on the Service Members Civil Relief Act (SCRA) 12 Advice on the Uniform Employment and Reemployment Rights Act 13 Advice on landlord-tenant disputes 14 Advice on minor traffic tickets 15 Help in preparing for small-claims court
There is no charge for services provided by military legal assistance offices. All services provided by a military legal assistance lawyer are free to eligible personnel. If your legal problem involves costs or fees (for example, a filing fee to file a case with the court), you will probably have to pay these charges.
The ABA provides a resource to military legal assistance lawyers, the ABA Military Pro Bono Project, which helps military lawyers easily connect their clients to pro bono attorneys who provide representation for no fee. I am a military spouse.
Yes. You are eligible for the same services provided to active personnel—subject to the availability of legal assistance attorneys. Active duty personnel, particularly those in the junior enlisted ranks and those preparing for deployment, have first priority.
Legal assistance attorneys can provide you legal advice and assistance in a number of legal areas, including: Drafting wills. Drafting powers of attorney. Drafting advanced medical directives (living wills) Reviewing contracts and leases. Notary services. Estate planning advice.
Veterans are not eligible for these services. Generally, legal assistance is provided to the following groups: Federal civilian employees and their dependents are also entitled to legal assistance in certain circumstances. Legal assistance is provided based upon available resources and personnel.
Generally, legal assistance is provided to the following groups: All active duty military (including members of a reserve component), Reservists released from active duty, after serving 30 days or more, Retirees. Dependents. Federal civilian employees and their dependents are also entitled to legal assistance in certain circumstances.
Legal assistance is provided based upon available resources and personnel. Military Lawyers are part of the Judge Advocate General Corps (JAG). JAGs can offer help in legal and non-legal matters like contract law, immigration law, ...
When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds).
Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.
Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.
The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.