Why Should I Hire An Attorney To Represent Me In My Probate Case?
People seem to think that because they can go online and get some very simplified probate forms, they do not need an attorney. A person should not try to handle a probate case without an attorney because there are quite a few things that the executor is supposed to do, such as identify all of the decedent’s assets, prepare the court papers, serve them on all the people who are supposed to be served, and give notice to all of the creditors. These are the kind of things that the individual person is likely not going to know how to do.
It is very time-consuming for a layperson to take these things to court. The court clerks are not lawyers and cannot give legal advice. They may give basic tips but they are not going to practice law for you. A lay person is not going to be aware of issues such as that the representative must file a final tax return for the decedent, for the year he or she died. The representative must also file a second tax return for the estate in the year in which it began and then file a tax return for the estate for each year the estate is open and finally for the year in which the estate closes.
There are various decisions to be made throughout the estate. Should the representative accept all the claims, reject the claims, or negotiate the claims? What if there is a false claim; what should be done about it? This is all assuming that there is no will contest, where someone will claim to be an overlooked heir. Then, there are the day to day decisions. Does the representative sell the car? If so, how much should it be sold for? What is its Bluebook value?
Typically, the people who become executors do not know what they are allowed to do. There may be some tax planning involved, which most people are not going to understand. Attempting probate without an attorney is not advisable. It is like trying to perform your own open-heart surgery.
For more information on Legal Representation In Probate Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (949) 543-0800 today.
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