Do I have to use an attorney to fill a will with the state?

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Do I have to use an attorney to fill a will with the state?

My mother’s Will states all outstanding debts at the time of her death to be paid by the assets-checking/savings account, vehicle (paid in full) and condo with outstanding mortgage. An attorney told me will cannot be filed in probate untill funeral expenses are paid. Is this true? Why? I’m waiting for life insurance funds to come in to pay the funeral.

Asked on May 28, 2013 under Estate Planning, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The advice that you received from the attorney is incorrect. Under the laws of all states in this country you can file for probate your mother's Will before any funeral expenses are paid. I suggest that if you need an attorney experienced in Wills and trust matters that you look for such in your locality through attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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