Does the lawyer who writes the will has to probate the estate?





 

A: If you remember this statement alone it was worth reading this page. You do not have to go to the attorney who wrote the will to probate the estate. Sometimes, it can be helpful if the attorney has known the family for a long time and knows the intimate details of the estate, family dynamics and the assets. But typically, the family should consider another lawyer if only to compare attorneys’ fees for probating the estate. Fees to vary greatly between firms. Remember, as AARP stated in its results from its study on probate, that probate is a “cash cow” for attorneys. The old attorney joke is “How do you make a lot of money as an estate attorney? You write a lot of wills and outlive your clients.” Lawyers only cover their costs for what they charge for wills (some even give away “free” wills) but the hope is that the lawyer will get a big payday when the estate is probated. This is so true we once offered to give away “free wills” to seminar attendees in the hope that someday, we will probate the estate. A “reasonable” fee for probating a typical estate is usually between 3% to 7% of the probatable estate in Pennsylvania. On a $200,000 probatable estate, the “reasonable attorneys fee” would be about $9,750.


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