Another, "Is a lawyer required" question

[jperch]

My wife's mother recently passed away in Williamson County, Texas. Her official place of residence is there as is ours.

My wife recently filed the paper work to start the probate process. There is a will and my wife is named as the personal representative. After they took our filing fee, the clerk at the court informed my wife that we will be required to hire an attorney to handle the remainder of the probate. The reason they cited is because my mother-in-law had a house with a mortgage and a car with a loan. According to my wife, they indicated that we would have to hire an attorney to protect the rights of the lien holders on the house and car. Is this right? Why do I have to pay a lawyer to protect the rights of these big companies? Shouldn't they hire their own attorneys?

I am not sure that I can afford to hire an attorney for this. What happens then?

Thanks for the help,
Joe

 

[lwpat]

If you or your wife are capable of handling it, you do not need an attorney. the fact you had to ask leads me to believe that you do need one. The estate pays for the attorney.

If you do not want to retain one, find someone that will help you on an hourly basis.

 

[jperch]

I appreciate your response. However, it sounds as if you are recommending that I get an attorney. My question is can the court legally require me to get an attorney? The clerk at the court has indicated that I MUST hire and attorney.

Thanks,
Joe

 

[moburkes]

I appreciate your response. However, it sounds as if you are recommending that I get an attorney. My question is can the court legally require me to get an attorney? The clerk at the court has indicated that I MUST hire and attorney.

Thanks,
Joe

Re-read the post above yours. It says
If you or your wife are capable of handling it, you do not need an attorney.

 

[jperch]

Okay, so if I don't need an attorney, how do I challenge the statement from the court clerk that I must hire one?

Joe

 

[anteater]

Okay, so if I don't need an attorney, how do I challenge the statement from the court clerk that I must hire one?

Joe

Ask the clerk for the section of the Texas Code that requires it?

 

[Dandy Don]

The court clerk may or may not know what she/he is talking about. Frequently they advise people without knowing the full extent of the law--however, they have had enough experience with other people in similar situations that she may know what she is talking about.

The fact that liens are involved adds complexity to the situation and you would be foolish not to consult a lawyer to find out how to proceed. This estate is not worth very much, is it?

If you can't really afford to hire counsel, post your exact, specific questions/concerns to this message board or another one, like www.lawguru.com. Are you specifically wanting to know how the liens should be handled/dealt with? The bottom line is that probate is going to be needed anyway simply because real estate is involved.

DANDY DON IN OKLAHOMA ([email protected])