Do I need a probate attorney?

Asked over 1 year ago - Douglasville, GA

My mother passed away intestate in June 2013. I petitioned to be granted Letters of Administration. My sister and her lawyer contested it. A Caveat hearing is now schedule for the first of October. I don't have extensive income to afford a lawyer but I don't want to chance losing against her. My mothers siblings (my aunts and uncles) have said they plan to support me at the hearing but I want a sure chance to have a good outcome in this situation as I have through my own research found out that my sister forged by mothers signature to obtain her belongings. My mothers estate is located in Douglas County, Georgia.

Attorney answers (3)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I'm sorry for your loss. To be frank, a case where the other side has a lawyer and you don't is about like walking into a gun battle where one side has an assault weapon and you have a butter knife. You might do okay, but your odds are very low.

    Sit down with a lawyer to evaluate your case, and whether it is worth pursuing and what it will cost to pursue. You needed a lawyer even for an UNCONTESTED probate. You definitely need one now.

    ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here... more
  2. Loraine M. DiSalvo

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Yes, you need a lawyer. I am sorry to hear about your situation, but you need an experienced probate litigator. I suggest you give Glen Ashman a call. He's got the knowledge and he is near your area. Best wishes to you.

    This answer is not intended to provide you with specific legal advice regarding your situation, or to create any... more
  3. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree that going in pro se is a huge risk. If you win you likely can use estate funds to pay your legal fees but if you lose you are probably out of pocket for the fees so you have to decide if you want to fight with a lawyer on your side.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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