The following is not meant to be legal advice, and may be outdated research.
Sometimes an attorney may be involved in wills. Here are some guidelines when dealing with probate issues.
When executing a will, after the witnesses sign the will, ask the client for payment in drafting the will. Ask the client if he/she wants the attorney to keep the original and provide a copy or if the client wants to keep the original, and the attorney keeps a copy. When making a copy, stamp it COPY. If the clients wants the original, tell the client to keep the original of the will in a safe place, and make sure someone knows where to find the will when he/she dies.
Codicils are executed in the same manner as wills.
When probating a will, the executor or administrator may only exercise the authority given to him/her in letters.
If a petition for minor’s compromise is involved, a hearing should be held so that the parents or guardians do not steal any money from the child, and so that the child does not sue again such as after one year when the child turns 18.
When dealing with opposing attorneys, always confirm telephone conversations and agreements in writing.
Sometimes, even when the person intended to receive real property is already living at the property, the estate needs to go through the probate process because the title of the property needs to be transferred over to the heirs. It does not matter that the person is living there because other relatives may have claim to the property. Probate is needed for transferring title.
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