Q: Do I need a lawyer to file an objection to the petition of administration for a probate or can I file an objection. GA
8 children, 4 out of 8 were excluded in moms will. Since them one of the 4 has passed intestate with no spouse or children. So, the land and home which was shared interest 4 ways must now be divided 1/4 for the 3 in the will and 1/7 of the 1/4 for the split of the brother who passed intestate. The problem is 1 sibling who was left of of the will has filed the petition to administer the probate. The other 3 who were left out will not contest, giving them the majority. Because these siblings did some evil things towards our parents, they were omitted from the will of our mom who passed after our father. We want to file an objection but have been told that we have to have a local attorney file and that we can not do it ourselves. IF she is appointed, we want to make sure she is not empowered by the courts to sell property and that stipulations are put in place.
A: You do not need a lawyer to file a caveat. As I tell folks all the time, you don't need a dentist to pull a tooth either. However, I would not recommend doing either without professional help. You should locate an attorney who handles probate matters to ensure you are getting the right advice. Lawyers who specialize work throughout the state and should be able to help you.
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