Skip to main content

Do I need a probate attorney?

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


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 . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Mark as helpful

4 lawyers agree


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 informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

Mark as helpful

3 lawyers agree


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 attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

Mark as helpful

2 lawyers agree

Family law topics

Recommended articles about Family law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics