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Patti4Mom Asked December 2013

If I am not happy with the attorney the will was written by and my parent has passed, can I use another lawyer to file the probate papers?

The lawyer didn't mention his fee and I thought he was processing the paperwork It has been over a month now and nothing was done yet. I guess I misunderstood, but I have no job and no income. I am a bit frustrated and wonder if I should go with another lawyer or just forgive and let him begin the process. Do most lawyers charge up front for their services?

blannie Dec 2013
Check this out:
http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/92f75229484644c985256b2f006c5a7a?OpenDocument

blannie Dec 2013
Bummer if that's true, but be sure to ask someone other than the lawyer. Call the County Clerk's office just to verify.

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Patti4Mom Dec 2013
blannie, the lawyer I talked to the other day said it is against the law for me to file the papers myself in FL. I have to verify this. I was so disappointed.

blannie Dec 2013
Good for you! Be sure to call the clerk to see if you need to do more. It feels good to take back your power, doesn't it?

Patti4Mom Dec 2013
I know I cannot do what they do, but what I can do for myself....I will.

Patti4Mom Dec 2013
Yes, I got the copy today. They offered to mail it, but I said nooooooooooooo!!!!! Took them a month and the only way I knew they were not in motion on it was because I called them with a question about something. OH boy. You bet they wanted a chunk of change to do what I can do for myself.

blannie Dec 2013
Call the lawyer's office and ask them to send you the will. For pete's sake, you paid for it, they should make sure you have a copy!! No wonder you're ticked with him.

Patti4Mom Dec 2013
Thank you Blannie. I can call them. I am so grateful. But, the Lawyer took the will and I don't have a copy. I have the death certificate. I am just overwhelmed right now. Thanks again!

blannie Dec 2013
P.S. I also had to have a copy of my dad's death certificate. In my dad's case, it was simple, everything went to my mom. They didn't have any property or debts that were owed and my brother and I weren't fighting it. When my mom goes, I'll do the same thing. If there is property involved or debts to be paid from the estate, it may be more involved. But I'd call first and see what the clerk's office says. That's what you pay taxes for. Get them to walk you through the process.

blannie Dec 2013
Call your county clerk and see if you can file the papers yourself. When my dad died, I just had to go to our county courthouse and give them a copy of the will. They put their stamp on it and that was it. No lawyer involved.

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