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steph90 Asked January 2022

Dad passed away. We have a will in place. Do we need a lawyer still?

Unfortunatley my 84 year old dad passed away today. We were supposed to have consult with lawyer this week. There is a Will in place do we still need the lawyer? Big thank you to those who have been helping with advice during these challageing times.

97yroldmom Jan 2022
Steph90
Sorry to hear of your fathers passing.

A lawyer can’t create a will. A lawyer guides you through a complicated process when necessary to probate the will or help you legally distribute assets when the deceased dies intestate. If your dads holdings are straightforward and simple, a lawyer may not be necessary. You will need to check with NH law.

Here is a link from the NH.gov website with information about wills. Each state is different but you will probably be able to determine the need for an attorney by studying this site and speaking with the clerks. It does say that if there is a will it must be probated.

https://www.courts.nh.gov/self-help/estates


https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/wills.pdf

Isthisrealyreal Jan 2022
Steph, I am so sorry for your family's loss.

May The Lord give you all comfort, strength and guidance during this difficult time.

I would take the will and see the attorney. The biggest thing is to ensure that mom is now taken care of and that her EOL documents are in place. Actually, all of you should have these documents in place but, that might be for a future appointment.

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LisaSF Jan 2022
I'm so sorry for the loss of your dad. I know this is a very difficult time. I would suggest meeting with the attorney. I found that there was a lot mine was able to tell me right off the bat that would have taken me months and a lot of energy to discover on my own, and he saved me a couple of missteps.

MargaretMcKen Jan 2022
Rules can change in different places, but where I am it would depend on the assets. If Dad had just a small bank account (say around $10,000), there’s a family history with the bank and the will is simple, the bank up the road would transfer it to the widow without requiring probate. That’s exactly what happened with my elderly neighbor. If Dad owned property, you will probably need a lawyer to manage the transfer. But it may depend on your own state’s rules.

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