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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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