Typically attorneys for estates in probate matters are paide from the assets of the estate. Making these arrangements would be a proper topic to cover at an initial consultation.
Best wishes for a favorable outcome, and please rmember to designate a best answser.
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Your friend doesn't need any money, but she won't find an attorney to work for nothing if her father's estate had any assets. Attorneys get paid from the proceeds of the estate, at the end, after the court has approved the fee. Some attorneys will even advance the filing fee.
If it is an insolvent estate and there is nothing to inherit, she is not required to undertake the job. But if there are any assets at all, she will get paid for her services as executor. So if she is unemployed and has time on her hands, she will at least have an opportunity to collect some money for her work as executor. And if there are any creditors, she gets paid before the creditors. You are welcome to contact our office if you wish. We will be glad to speak with you about your situation at no cost.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
MY colleagues have provided you with sound advice. If the estate has few assets, there is usually a simplified probate procedure available. Contact the probate court to find out about self-help options for low asset cases.
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An attorney is generally paid out of the assets of the decedent's estate. If your friend's father's estate has assets, those can be used to hire an attorney. She could call the Dayton Bar Association or the Ohio Bar Association for a reference. In addition, she could contact the University of Dayton School of Law to ask if they presently have a Wills and Trusts program whereby indigent individual are assisted by law students with supervision from a professor/licensed attorney.
Finally, she may contact my office for a free 15 minute consultation.
The foregoing does not establish an attorney client relationship with Attorney Stephen D. Gregg. The information given in Attorney Stephen D. Gregg's answer is not legal advice and is only given for educational purposes.