Q: My sister died intestate. Can your lawyer represent her destitute son to settle her estate?
He is not mentally able to handle her estate, nor is his brother (who is also homeless).
A:
Yes, a lawyer can represent a person with diminished mental capacity, if the person consents. Under the rules of ethics a lawyer should take whatever steps are necessary to allow a person with diminished capacity to participate in the representation as much as they are capable of doing.
A lawyer who would represent one of the sons will probably want to meet with him before agreeing to represent him, so the lawyer can get a feel for what the son's mental and communication abilities are. The lawyer will also want to make sure that the son actually wants to hire the lawyer, understands what the lawyer will do, understands what the lawyer will need from him so the lawyer can do his or her job, and also understands how the lawyer will be paid. The lawyer will probably want him to sign a written engagement agreement. If that is something you think one of the sons would want to do, then I recommend that you have one of the sons contact a local probate lawyer for an in-person consult.
1 user found this answer helpful
A:
I'm sorry to hear of your loss.
Mr Harris is correct, but it seems like you're trying to get a lawyer to undergo representation via the website. That isn't how this works.
You need to work with the lawyer to RETAIN services, and that involves some phone calls and meetings.
Assuming this is in Livingston County Probate, many of us (including me) practice there, but you'll need to call to make an appointment to review the whole situation. What did the deceased own, how was it titled, is there real estate involved and where is that, where did the deceased reside at the time of her passing, etc. SOMEtimes probate doesn't make sense when all the facts are in, sometimes there are other ways to handle things, and sometimes you need to be prepared for 'unintended consequences' if probate is started. It is all far more complicated than the 'one trick ponies' imply, and at the same time, it is often easier and less expensive than they imply too.
Facts matter, and so does that initial appointment to review the facts. Call around and get a couple of appointments to review terms and what to expect.
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.
