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10-16-2005, 11:51 AM
| | Junior Member | | Join Date: Sep 2005
Posts: 23
| | | Ancillary probate
What is the name of your state?Ny
Would a lawyer handling an ancillary probate require as much time as does the attorney handling the primary probate? Does the ancillary lawyer have fewer bases to cover? If it matters, the only property in the ancillary state is a house. |
10-16-2005, 12:00 PM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,191
| | | [quote=Gianni123]What is the name of your state?Ny
Would a lawyer handling an ancillary probate require as much time as does the attorney handling the primary probate?
MY RESPONSE: Yes. It may be ancillary to you, but it's primary to the attorney. The same amount of court paperwork - if not more -, the inspections and the real estate valuations have to be completed whether it's ancillary or primary.
Does the ancillary lawyer have fewer bases to cover?
MY RESPONSE: No. As a matter of fact, it requires more work because the ancillary attorney must now interface with the primary attorney; e.g., phone calls, letters, tie-in paperwork to the local court, etc., that wouldn't ordinarily need to be done if the house property probate were primary.
IAAL
Last edited by I AM ALWAYS LIABLE; 10-16-2005 at 12:03 PM.
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10-16-2005, 12:15 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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Originally Posted by Gianni123 What is the name of your state?Ny
Would a lawyer handling an ancillary probate require as much time as does the attorney handling the primary probate? Does the ancillary lawyer have fewer bases to cover? If it matters, the only property in the ancillary state is a house. | A lawyer for a primary estate in one state with an ancillary estate in another state should get twice as much as he would for handling only a primary estate in one state.
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10-16-2005, 12:21 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
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Originally Posted by seniorjudge A lawyer for a primary estate in one state with an ancillary estate in another state should get twice as much as he would for handling only a primary estate in one state. | **A: how do you figure twice since a person only dies once? |
10-16-2005, 12:21 PM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
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Originally Posted by seniorjudge A lawyer for a primary estate in one state with an ancillary estate in another state should get twice as much as he would for handling only a primary estate in one state. | My response:
That's assuming, of course, that the one attorney is licensed to practice in both States.
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10-16-2005, 12:23 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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Originally Posted by HomeGuru **A: how do you figure twice since a person only dies once? | "He who dieth with real property in two jurisdictions, shall certainly feeleth the wrath of the Almighty."
--The Book of Jedidiah, 24:17
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10-16-2005, 12:23 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
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Originally Posted by I AM ALWAYS LIABLE My response:
That's assuming, of course, that the one attorney is licensed to practice in both States.
IAAL | **A: yes, and if not it would be UPL. |
10-16-2005, 12:25 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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Originally Posted by HomeGuru **A: yes, and if not it would be UPL. | I had a UPL once, but I filed for a TRO with the PUC.
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