Commonly Asked Question: Do I Need a Lawyer to Probate a Will?
This is a frequent question we get asked. The answer is always, yes. Here’s why – In Mississippi, Uniform Chancery Court Rule 6.01 requires every executor or administrator of an estate to be represented by counsel. The reason for this is because managing an estate can be a very complicated process and you can potentially be held personally liable, should something go wrong. Engaging the services of a lawyer to guide and oversee the process will reduce much of this risk.
What Could Go Wrong?
I am glad you asked! Here are a few circumstances that may come to light and when a lawyer would come highly recommended.
- Complicated tax situations, such as disputes over past due taxes.
- Ambiguities in the wording of a will.
- Dispute claims – this can include members of the deceased family who say property left to an individual is community property.
- Disputed debts and unfinished contracts. This can include sales of businesses or assets not yet completed.
- Property (significant amounts) left to a minor, and said minor needs to have an appointed guardian.
- If an estate does not have enough assets to satisfy all debts.
We are Here to Help!
Probate can be a long process and complicated with form and documents, state laws, and processes. In simple estates, the process often takes 6 to 9 months. In more complicated states, it is not unusual for the process to take years.
It’s always a recommended choice to find a probate lawyer that can help you navigate through these processes, and in Mississippi the law requires it.
Give me a call for a free consultation and we can sit down and figure things out together!
~ Ronald Morton