do i need an out of state probate lawyer

Grandmother passed, she was a florida resident. My sister and i NJ
residenceare heirs mentioned in the will. My Uncle also a florida
resident is handling the will, refused to give a copy of will, and had
his lawyer type up a ‘private agreement’ which was sent to my sister and
i. We dont trust Uncle or private agreement. I am seeking counsel to
represent sister and i, but not sure if i have to contact a florida
probate lawyer or can a new jersey probate lawyer assist us.

Asked on March 28, 2017 under Estate Planning, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Although you could be represented by a NJ probate lawyer, it would be advisable to be represented by a FL probate lawyer for the following reasons:
First, a FL probate attorney would be more familiar with local rules of court than a NJ lawyer.
Second, If a FL court appearance could not be handled by telephone by the NJ attorney, it would be very expensive for the NJ attorney to travel to FL to represent you. 

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