Do I need an attorney to dispute the probate of my mothers assests

UPDATED: Oct 1, 2022

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Do I need an attorney to dispute the probate of my mothers assests

My brother who was not the executor got rid of everything from my mothers home. They sold the home under priced and signed over her vehicle after she was dead to her boyfriend.

The judge said I had legal remedies but I really can not afford an attorney and I am not sure what to do.

Asked on April 30, 2018 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, you are allowed to bring a case challenging probate on your own, without a lawyer or "pro se." Practically, if it's not worthwhile hiring a lawyer, it's not worth pursing this matter: this case kind of case is much more complex than the typical case which a nonlawyer could handle (like suing in small claims court for an unpaid bill or for the cost to repair your car after someone backed into it in a parking lot) and you are unlikely to be able to navigate the rules and law and win without an attorney. If you are talking about inheriting tens or hundres of thousands of dollars, find a way to hire a lawyer--contact attorneys and discuss if there is some way to pay the fee you can afford. If only talking about a few thousand dollars, it's probably not worth the cost or effort.

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 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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