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Attorney & Mediator
Attorney & Mediator, Lawyer
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To execute a will do I need a lawyer? How much time do I have

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To execute a will do I need a lawyer? How much time do I have before I have to complete it?
Submitted: 7 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 7 years ago.
1) No lawyer is required to create your own will. There are many do it yourself books that can guide you on doing this yourself.

2) How long it would take would depend on how large your estate is and whether there are any complex issues. A simple will can take a few hours, as an example.




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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator and 2 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
My mom had a living trust and in the end named me as sole trustee and executor of her estate. Having said that, is there a deadline to start executing the estate, or is there a deadline to finish executing the estate so as not to be challenged by siblings to be removed as executor?
Expert:  Attorney & Mediator replied 7 years ago.
If the assets named in the will are part of the trust, there is no need to probate the estate. You only have to probate anything which is not part of the trust. Having that said, there is no deadline to probate an estate nor is there a statute of limitations to finalize an estate.

Again if there is a trust and the trust includes all assets named in the will, then there is no need to probate the will. Your responsibilies as trustees will end after you dispose of the assets as stated in the trust.

You only need to probate a will if there is property that was not named in the trust. To complete probate you will need to file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.






_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


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