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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Hi- my mother and I went to get advice (a consultation) from

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Hi- my mother and I went to get advice (a consultation) from a probate attorney on how to go about selling a piece of property accidently omitted from my deceased father's will which was still in his name. The laywer led her to believe that the will had to be probated and initiated various proceedings and court hearings in order for her to sell the property that was omitted from the will. He is now charging her approx 12,000 for his services. However, after doing some investigating on her own, she has learned she likely did not have to probate her deceased husband's will. She asked the atty about this and he says..."when you gave me the will (to examine for his opinion) I was legally bound to probate it." IS THIS TRUE? IS A PROBATE ATTORNEY LEGALLY BOUND TO PROBATE A WILL ONCE HE HAS IT IN HIS HANDS EVEN FOR REVIEW?
Welcome! Thank you for your question.

No, a lawyer is not legally bound to probate a will once they receive it. Most states to require anyone in possession of the will to file it with the probate court. However, this does not mean that a probate process is required where it is otherwise necessary. It is very likely that in most states the property (if in the name of both your mother and father) would not require probate.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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