E203 Why You Need an Experienced Probate Lawyer

<p>Linda spent six months working with a general lawyer (meaning someone who practiced personal injury, litigation, and a dash of probate on the side). There was not much progress in those six months, so Linda became frustrated and transferred the case to us. Sadly, we had to basically start from scratch, because the general lawyer did essentially nothing.</p> <h2>What causes probate delays? Bad lawyers</h2> <p><img class="aligncenter size-medium wp-image-9491" src= "https://anthonyspark.com/wp-content/uploads/2021/01/What-causes-probate-delays-300x169.jpg" alt="What causes probate delays?" width="300" height="169" /></p> <p>In Linda’s situation, six months went by and it was as if nothing happened in her case. One of the reasons for the delayed probate was because the general lawyer did not know what preliminary Letters Testamentary were. An experienced probate lawyer would have noticed right away that Linda had a complicated probate and would have immediately filed for preliminary Letters Testamentary. If this had been filed immediately, Linda could’ve started “executor-ing” months ago.</p> <p>Another reason probate can be delayed is drafting the Petition wrong. In Linda’s case, the general lawyer didn’t understand <a href= "https://anthonyspark.com/e190-when-does-the-executor-tell-the-beneficiaries/"> which family members must be notified</a>, and therefore hadn’t even begun collecting their contact information.</p> <p>Lastly, probate can be delayed because a general lawyer might not realize that the <a href= "https://anthonyspark.com/e151-5-mistakes-with-diy-wills-and-witnesses/"> Will isn’t properly witnessed</a>. (As a side note, this is a good reason to find an experienced attorney to draft your Will). Getting the correct witnessing on a decedent’s Will takes a lot of time, including tracking down the witnesses and having them sign affidavits. An experienced probate lawyer would notice the incorrect witnessing and get started on the correction process immediately.</p> <p>As with any practice, if a lawyer d