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I cannot afford an attorney, How can I protest the probate of an estate that has been stripped?

Birmingham, AL |

My aunt is probating my grandmothers will Jan. 11, 2012. Her attorney notified my niece but not me. Also, when I requested an accounting of the estate from her attorney I was ignored. My aunt has been giving away and selling off, assets of the estate.

Attorney Answers 3


  1. You can always call your local bar association or you can go it alone. However you typically get what you pay for and regarding estates, there are few low or no cost alternatives - after all you are trying to get money. Most attorneys won't take something like this for no charge or to get paid at the end especially if there is little chance of winning (of you getting any money which you would use to pay the attorney). I can tell you from experience that if you try to represent yourself you will probably just anger a judge who would rather deal with experienced attorneys who know how to present things instead of a pro se individual who is flying by the seat of their pants.

    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: http://www.stevenzelinger.com/


  2. I absolutely agree with Attorney Zelinger. If you cannot afford an attorney, you should strongly consider whether you wish to pursue this at all. Your situation is not simple. There are a great many issues raised which could be a problem for your aunt or could be absolutely fine, depending on facts which you have not included. You do not have the legal background to determine whether you have a case or not. You also do not know the process or the way to present or even format your objections.

    Your chances of prevailing without an attorney are extremely low. If you cannot afford an attorney, then you probably cannot afford to challenge this.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. Go to the probate court and ask them if you can look at the file. Tell them your relationship with the deceased, and tell them you have not received notices, and If you should be included give them your name, address and phone number. Ask them if you can purchase a copy of the will. If the file has a will in it and you can read it for yourself and see what she left who. Good luck..

    There are many factors that can affect how best to handle this matter and the best advise is usually to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need. The information provided is not intended as legal advice that can be relied on in part because we do not have the entire the situation. No Attorney/Client relationship is intended, implied or created. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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