The probate has been going on since june 28 2003 and has not been resolved yet. My siblings have filed 4 civil suits against me concerning the probate. I should mention my siblings have plenty of money to hire numerous lawyers and I do not. i can't find a pro-bono lawyer to help me. Do I have a chance representing myself in court?
2007-03-08 02:16:41 · 5 answers · asked by Bertie B 1 in Politics & Government ➔ Law & Ethics
You should be able to charge all attorney fees to the estate. I suggest talking to an Estate Attorney (not just your family lawyer).
You have a chance, of course, if the civil suits are just frivolous.
If this has been ongoing since 2003 - ugh!
While your siblings may have the money to hire lawyers out the ears - that doesn't mean they WANT to, or want to go to court, or deal with it themselves. Call the bluff. They have to pay out of pocket - you don't. You do have an estate account?
2007-03-08 02:53:49 · answer #1 · answered by pepper 7 · 0⤊ 0⤋
You always have the right to represent yourself in court in any matter. The problem becomes facing attorneys on the other side of your case. You will be held to the same standard as any actual attorney. Although the court may give you some leeway as a non-lawyer, you better be ready to get slammed by the actual attorneys. Remember, there is truth in the saying that a person who represents himself has a fool for a client. I would keep looking for some attorney to help you or find some way of paying one to assist you on hearing days. Best of Luck.
2007-03-08 02:21:45 · answer #2 · answered by docholiday 2 · 0⤊ 0⤋
sometimes when we lose a loved one, one close enough to have named us executor to their will, we feel an utter burdon and try to make it go away. the fact that it has been around since 2003 worries me for you. why have you not closed the estate? im guessing that if you close the estate, some part of you feels like your loved one will be gone for sure. they left you in charge of their material goods because they thought you could handle it well and responsibly. do that for them. let them rest knowing that their family is not forever torn up by their death. keep it out of court. go to your siblings and explain why you havent done anything with the estate yet. tell them how you plan to close it out in a reasonable amount of time. note to them that any money spent on attorneys for you, as executor of the will, will be charged as a defense to the estate. you are not out there representing yourself, you are representing the estate, which will have to pay its own bills. that absolutely does not come out of your pocket. explain to your sibs that you would like to find a peaceful resolution that doesnt drain the estate completely, which litigation will. your sibs are probably secretly jealous that you were chosen to be responsible for the estate, and are trying their hardest to prove that they would have been a better choice. youre not helping yourself by being inefficient with the estate. if you go to court, the state will take the estate, liquidate it beyond your control (or your siblings), and disperse whats left, after paying its own expenses from the profits. basically there will be nothing left if you dont act to keep this out of court. clean up the mess so you can move on, and have a relationship in the future with your siblings.
2007-03-08 04:27:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The thing with representing yourself is that you sont have any pool like a lawyer would plus your siblings lawyer would hammer you
2007-03-08 03:04:23 · answer #4 · answered by willcjohn1 2 · 0⤊ 0⤋
Yes, but you will probably get hammered.
2007-03-08 02:22:15 · answer #5 · answered by webned 6 · 0⤊ 0⤋