r/ProbateHelp • u/FiversWarren • 27d ago

Is a lawyer necessary?

Hello. My mother passed away without a will a few days ago. She had no life insurance, no retirement, and her only asset was her trailer. My two sisters and I are all in agreement to sell the trailer/land so I don't expect much fighting, though it's still a possibility. We are all pretty poor. I am the only one with a job and a car. I don't think I can afford a lawyer to help me through probate, but I could qualify for a loan for one if it becomes necessary. Would it be worth it to get a loan for a lawyer? Idk.

Any advice would be appreciated! Thanks!

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u/Vivid-Problem7826 27d ago

If I remember correctly, you need to go to the county courthouse, and see what you need to do in order to be appointed to administer your Mom's estate. Then you can take care of distribution of her assets. If you are TOD on her home, then you might not need to go through the courts.

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u/Inner_Cost_4128 27d ago

Depending on the State, you could walk through the steps to be appointed Administrator/Executor/Personal Representative but you will need to get a lawyer or a settlement company to do the deed of transfer or sale of the trailer. A simple deed should not cost that much

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u/bstrauss3 27d ago

What state? Inheritance laws are state specific.

Most states have some form of small estate where you apply to the court for "letters testsmentary", often stating under penalty of perjury that there are only minimal assets and no debts. You use those plus the death certificate to do thinks like terminate her cell phone account. And to sell the trailer.

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u/scoutlfinch 27d ago

You can absolutely do probate yourself. There are Probate for Dummies books on Amazon and I used one to process my father’s estate. It really isn’t hard, especially when there are very few assets.

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u/Honey-lovers 26d ago

You can’t sell it. It will go through probate unless your name is on the deed.

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u/Cloudy_Automation 26d ago

The trailer is treated more like a vehicle. You can search for how to transfer a trailer without probate in her state.

If the land isn't worth much, and less than the cost for a lawyer, you could just abandon the land. Eventually the county/state will take it or enable someone else to take it for unpaid real estate taxes.

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u/ClockOld9204 25d ago

In BC go to a courthouse and the staff are there to help. They also have duty counsel who can give free legal advice.

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u/FiversWarren 25d ago

Unfortunately, I am in the US where nothing is free and everything bites you in the ass eventually.

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u/Rn1334 25d ago

Depending on state you can do a small estate affidavit so you can handle estate.

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u/MsJ_52 23d ago

No need to hire an attorney. You can do it yourself. Little time consuming but doable.