QUESTION

Can a layman settle a will without retaining a lawyer?

Asked on Oct 17th, 2012 on Wills and Probate - Florida
More details to this question:
My mother left a will that says the three children split everything. The estate consists of money and one plot of land that the three childre do not want to sell. If the land is put into the three children's names and the money is devided between them three ways and no one is contesting the will, why do we need a lawyer?
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2 ANSWERS

Estate Planning Attorney serving DeLand, FL
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You will not be able to transfer title to the property to the three children without opening an estate. To administer an estate through the probate process, you need an attorney. You should consult with a probate attorney in the county where your mother was domiciled. Astrid de Parry, P.A. (386) 736 1223
Answered on Nov 14th, 2012 at 4:31 PM

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Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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In Florida, unless you are the sole beneficiary and there are no creditors of the estate, it is necessary for the person seeking to probate a will to hire an attorney for that purpose.  The rule of law is based on the fact that the personal representative is representing the estate, the interest of the beneficiaries and the interest of the creditors.  All probate activities must be accomplished in the probate court, which constitutes the practice of law, and Florida limits the practice of law within the State to those who are members of The Florida Bar. Proper estate planning, using trusts, joint ownership of properties, life estate deeds, and other techniques could have allowed for the avoidance of probate - and the necessity of a lawyer - had those planning techniques been put in place prior to your mother's passing. If the land and money has a total value of less than $75,000, then it is possible that the estate may be entitled to use a probate process referred to as Summary Administration.  In summary administration the probate proceeding is accomplished quickly and at much less expense and time commitment compared to a Formal Administration, which must be used if the value of the probate assets is greater than $75,000. You should consult with an experienced probate attorney to determine whether your mother's estate may qualify for summary administration.  
Answered on Oct 18th, 2012 at 10:09 AM

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