Q: can a person with no legal standing contact and hire the probate lawyer?
A: Probate matters can include guardianships, conservatorships, adoptions, and involuntary commitments, so the answer to who might be eligible to initiate or involved in a probate proceeding could have lots of different answers. Limiting the answer to probate matters involving decedent's estates:
Reading your question literally, yes, a person with no legal standing contract and hire a probate attorney, the answer is yes. Your question is probably "Who has standing to initiate a decedent's estate?" Persons who traditionally are considered to have standing to participate in a probate case are heirs at law (who would receive the estate if there is no will); legatees and devisees (who might be listed in the will to receive personal property or real estate, respectively); executors, persons in possession of the original will, and creditors of the estate. If an heir, legatee, or devisee is a minor or mental capacity, a case may be filed on their behalf by a "next friend" adult. Likewise, a conservator of any pecuniary interest in the estate could file a case. A party that holds an asset of the estate would probably be considered an interested party (e.g, a farm tenant has a check for the harvested crop). It would not be unimaginable that a friend of a non-heir member of the family might initiate a case and a court would proceed on the estate for the benefit of creditors, heirs at law, legatees or devisees. So, the possible universe of possible initiators is pretty broad. As for who has an interest in the estate, the creditors, heirs at law, legatees and devisees (and their possible representatives) are the people whose interests shape how the case will proceed, with some role for the named executor of the estate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.