QUESTION
Can an estate be handled without an attorney?
Asked on Feb 01st, 2013 on Estate Planning - Michigan
More details to this question:
My brother and I have been named personal representatives of my mother's estate. My brother and his wife are trying to handle everything without an attorney to save money. I'm afraid he is going to try and swindle me out of my share since I live out of town. Do I have legitimate concerns?
21 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You may but you can always request to see the Will, the inventory and you are required to see and review the First and Final Account. If your brother will not agree to let you see documents filed before the First and Final Account you can always go to the Register of Wills to see the file.
Answered on Feb 05th, 2013 at 3:56 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Since he is acting as a fiduciary, he has an obligation to account to you. Michigan has severe penalties if a fiduciary embezzles money.
Answered on Feb 05th, 2013 at 3:56 PM
Yes, it can be done without an attorney. But, if the estate is large you should have an attorney who knows the laws of estates and trusts. As an heir, you are entitled to an accounting by the personal representatives. But, if they steal the money that won't be of much help if you can't collect from them. You could petition the court as an heir to appoint an attorney or an independent personal representative. Depending on the size of the estate, it would be worth the expense.
Answered on Feb 05th, 2013 at 6:27 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain probate counsel to step into represent you and file a petition into probate court so you are protected as to your share; you have every right to be concerned where the is a lack of trust, and your brother's attempt to save money, may cost the estate money beyond what the normal costs are.
Answered on Feb 05th, 2013 at 6:26 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You may have legitimate concerns and yes an estate can be handled without an attorney.
Answered on Feb 05th, 2013 at 6:24 AM
Given your concerns, you should hire an attorney to protect the interests of both you and the estate.
Answered on Feb 05th, 2013 at 6:22 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, you are not allowed to probate an estate without an attorney. Contact a local attorney to represent your interests.
Answered on Feb 05th, 2013 at 6:15 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I would worry less about a swindle and more about simple mistakes. But that is just generally speaking. If your brother is inclined to try to swindle, you may need to worry about that, too. Probate CAN be handled without an attorney. It is not really recommended. In my experience, the court personnel do not always steer you in the right direction in terms of paperwork or procedure and it makes things more expensive and more frustrating. In the greater scheme of things, spending a few thousand dollars on an attorney is generally a good idea. The cost depends on the nature and complexity of the estate. A contested estate will always cost more.
Answered on Feb 04th, 2013 at 10:39 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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People who represent themselves, have a fool for an attorney. It is possible to do probate without an attorney, but those who do so that way, remain fiduciaries and beholden to the court and heirs of the estate named in the will for any breaches of their fiduciary duties.
Answered on Feb 04th, 2013 at 10:19 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, your concerns are real. You can do probate without a lawyer. Theoretically I can do electrical work on my own house without an electrician, but I don't, because there's a good likelihood I'll screw something up and have to pay lots more to get it straightened out. There may well be steps in probate that will be forgotten, or not done correctly. I've spent 14 years doing probates, and I'm still learning stuff. You get an attorney to help you as PR; all of the attorney fees will be paid out of the estate. If your brother chooses not to be represented, that's his choice.
Answered on Feb 04th, 2013 at 10:12 PM
Yes, you do have legitimate concerns. However, it a probate estate is opened in Oregon, the court will review his work and he will be required to provide a formal accounting of all assets and income. If you have proof of prior dishonest, you can provide it to the court and the judge may remove him and appoint another person as the personal representative to run the estate.
Answered on Feb 04th, 2013 at 9:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It can be done without an attorney. Even with an attorney it may be possible for your brother to swindle you. However, since you are a personal representative also, you should be getting a copy of everything.
Answered on Feb 04th, 2013 at 9:10 PM
It is not clear if you should be concerned or not. An attorney is not required for an estate administration in Colorado. However, you have the right to be represented by at attorney if you choose. If you are concerned, you should consider filing a Demand for Notice in the probate case and consulting with an attorney who specializes in probate matters.
Answered on Feb 04th, 2013 at 9:09 PM
Thomas Edward Gates
Yes, you can probate an estate without an attorney. To initiate the probate process, the Personal Representatives must be appointed by the court. You can ask that nonintervention powers not be granted, that way everything must go before the court for approval. In addition, an inventory of the estate must be taken. This will assist you in knowing what was in the estate and how it is to be distributed. Lastly, there is a final accounting of the estate and, if you see something not quite right you can raise an issue then.
Answered on Feb 04th, 2013 at 8:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is impossible to answer. However, I will give you the opinion that a person trying to handle a probate estate without the advice and counsel of an attorney is most probably going to have a difficult time. The reason why people are normally willing to pay an attorney as they provide sufficient utility to make it worth paying their fees. As a co-personal representative I would suggest you insist your brother engage counsel.
Answered on Feb 04th, 2013 at 8:08 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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It is possible to handle an estate without an attorney. I cannot comment on your brother's actions or motivations. Since you are also named as a representative, you should be actively participating in the estate's management. You may wish to contact an attorney to see if there are steps you can take to enforce your rights as both an estate representative and as an heir. There are many fine lawyers on LawQA, and you should not hesitate to contact any one of us for assistance.
Answered on Feb 04th, 2013 at 8:05 PM
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It is hard to say. However, if you are already suspicious, things will generally not get better. Your best bet is to speak with an attorney. The attorney can represent both of you and owes a duty to both of you to act appropriately and keep both of you informed. In Nevada, the fees are set by statute and also can be negotiated. Don't be pennywise and pound foolish.
Answered on Feb 04th, 2013 at 8:05 PM
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It is not advisable to administer an estate without an attorney. The cost savings is rarely beneficial when weighed against the delays and issues that will likely occur doing it yourself.
Answered on Feb 04th, 2013 at 8:05 PM
If a probate is filed the court will watch everything that occurs, with or without an attorney. If it is a trust you can request an inventory and accounting from them so you known what they claim is in the estate. Technically no attorney is necessary.
Answered on Feb 04th, 2013 at 8:03 PM
An estate CAN be handled without an attorney but the real question is SHOULD it be! I would say no and, in particular, when you have a concern. You should hire your own attorney ASAP! Find an experienced probate attorney. Good luck.
Answered on Feb 04th, 2013 at 8:03 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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As long as the estate is administered through the Probate Court, you should get copies of everything he does. However, I personally think it is a mistake to not use an attorney. They know this area (and the pitfalls) much better than you do.
Answered on Feb 04th, 2013 at 8:02 PM