If I am inheriting assets do I need a probate attorney when someone else is nominated as personal representative?

The answer to this question is maybe.  For example, assume your mother just died after a long-term marriage to your father.  Assume this was the first marriage for both parents and you have one sibling who is nominated in the will as the personal representative and you trust her completely.  Further she has fully disclosed all the assets.  Then I don’t think you need an attorney.

However, now assume that your step-father just died one year after your mother died and you have three step-siblings.  Further, your step-father just changed his will two weeks before he died and suddenly only one step-sibling is the personal representative.  Now assume that step-sibling is suddenly driving a new car and you do not think that she had the money to buy it.   You receive a Notice of Administration in the mail.  Further, the attorney for the personal representative sends you a legal document that is hard to understand.  The attorney tells you it is routine and you should sign it.  In this scenario you probably should see an attorney.  There are important deadlines in probate and important rights that you can lose by taking no action.   For more information contact Linde Law Group today.

Matthew A. Linde
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