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Can Someone Hire An Attorney To Handle Probate?


Yes. Most people hire an attorney because they do not have the time to deal with this and do not want to traverse the system. Putting in and filing any one of these documents with the court recorder would require a high level of crossing the T’s, dotting the I’s, and then having the documents kicked back at them.

A couple of people tried to do it on their own and they got it kicked back to them so many times, that they just decided it was well worth the money to hire a professional to get it done. The biggest way people could really avoid all this is by getting a good solid estate plan put in place with the four core document that would avoid both of the probates.

Every estate would have its own complexities. Today, we have done over 3,628 and growing. We have noticed that everybody is like a snowflake, or in another words, no two people are alike yet some of the same goals and aspirations and the reasons that people do estate plans remains similar and alike.

We have tried to break this down into the two probates over the last couple of years, so people could understand the two roads they were currently facing if they decided not to put the four core in place. We have decided there are a couple of other documents but really the four core would need to be in place. Those would consist of the person’s living trust, a pour over will, which would be a special will designed to work in tandem with the living trust, and those would be used for what I refer to as the departure probate.

To avoid the complexities and problems with the living probate, we would want to make sure we had a good durable power of attorney put in place along with an advanced healthcare directive often referred to as a living will in many other states. Those four documents would be the core, hence the name the four core, in terms of beginning to avoid the two different probates that everyone is really on the path towards unless they put those documents in place.

Should Cost Be A Deciding Factor When Choosing An Attorney To Handle The Probate Process?

Absolutely. The size of the estate would sometimes not dictate some of the higher costs one might have when calling certain law offices, so the person would want to make sure whether the attorney they were considering had experience, and whether it would be cost effective for the estate because certain estates might not have been that liquid in terms of cash. We sometimes find estates with bank accounts that cannot be accessed until the probate process was over or we would find that the estate had more in terms of real estate than it did in liquid cash to be able to fund and fuel a probate process.

As An Attorney, How Do You Help Clients Who Are Going Through The Probate Process?

Our firm is on a mission to help people avoid probate and we have a 100 percent avoidance rate currently up to around 3,628 clients. We all try to avoid the probate process, although sometimes we may inherit these cases and they would come from other law offices or they would come from family members who did not do anything. The services we provide would give them guidance and cost-effective strategies and choices regarding how much we would perform and how much they may want to perform in terms of participating in the process.

For more information on Hiring An Attorney For Probate, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (866) 544-8825 today.

Orange County Attorney James Burn

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