Do I Need To Hire The Attorney Who Drafted The Will To Probate it?

While you are not obligated to use the same attorney who drafted a loved one’s will to then probate his or her will, it is a good idea to consider an attorney who is already familiar with the estate and the family’s dynamics.

When someone passes away and there is a will to probate, the information of the attorney who drafted it will be somewhere on the will.  Are you obligated to use that attorney?  Should you use that attorney?

The answer is NO, you are not obligated to use the attorney that drafted the will to probate it.  Feel free to talk to more than one attorney until you find someone that you are comfortable with.  Knowledge and skill are very important, but interpersonal dynamics will also play a large part in your choice of attorney. You want to work with someone who is easy to get along with and who you feel comfortable asking questions.

That being said, you may want to give some consideration to using the attorney who drafted the will.  Particularly in a complicated estate or trust situation, the attorney should thoroughly understand the documents already and may also have a pre-existing have a knowledge of the family dynamics as well. The attorney also comes sort of “recommended” by the person who chose him or her to draft the will.

This is a very personal decision and one that should be taken seriously.  There are no right answers, but sometimes there are wrong decisions.  Make sure you feel comfortable with an attorney before you sign anything. If you have additional questions or are interested in setting up an estate planning appointment, you can contact Siedentopf Law at (404) 736-6066 or via the contact form on our website.

Find out more about starting probate with this video.

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