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  • Writer's pictureSarah Morris Ocampo

Do I Have To Use The Attorney That Drafted My Parents Will For Probate?

Updated: May 15




Losing a loved one is undoubtedly a challenging and emotional experience. Amidst the grieving process, there are legal matters that need to be addressed, such as probating the deceased's estate. Probate can be complex, and one question that often arises is whether one is obligated to use the attorney who drafted their parent's will for the probate process. In this post, we'll explore this topic and provide some valuable insights.

The Expert's Answer:

Sarah Ocampo, a knowledgeable lawyer specializing in probate estate planning and business law, recently addressed this very question. According to Sarah, you are not obligated to use the attorney who drafted your parent's will for probate.

Freedom to Choose:

The probate process involves legally distributing the assets and handling the final affairs of the deceased. In this aspect, you have the freedom to choose any attorney you wish to represent you during the probate proceedings. You are not bound by any obligation to engage the drafting attorney for the probate process.

Why Choose Your Own Attorney?

There are several reasons why you might opt to select a different attorney for probate, even if the original attorney who drafted the will is skilled and experienced.

1. Personal Preference: At times, you might simply feel more comfortable working with an attorney who better understands your needs and communicates more effectively.

2. Conflict of Interest: In certain situations, there might be a conflict of interest between you and the attorney who drafted the will. In such cases, it's important to seek impartial guidance from a different attorney.

3. Legal Specialization: The drafting attorney might specialize in estate planning but not have extensive experience in probate. Choosing an attorney who focuses specifically on probate can offer valuable expertise and guidance throughout the process.


Seeking Legal Assistance:

Probate can be a complex and time-consuming process, particularly when dealing with the loss of a loved one. It's crucial to seek professional legal assistance. Sarah Ocampo invites viewers to reach out if they have any questions related to probate estate planning or business law. She offers a complimentary consultation through her office or website for those seeking guidance during this challenging time.

In conclusion, you are not obligated to use the attorney who drafted your parent's will for probate. By understanding your freedom to choose a different attorney, you can make an informed decision that best suits your needs. Remember to seek professional legal assistance to navigate the probate process smoothly. As Sarah Ocampo reminds us, having a qualified attorney by your side can provide the necessary expertise and support during this difficult time.

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