Do I have to use an attorney to fill a will with the state?
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Do I have to use an attorney to fill a will with the state?
My mother’s Will states all outstanding debts at the time of her death to be paid by the assets-checking/savings account, vehicle (paid in full) and condo with outstanding mortgage. An attorney told me will cannot be filed in probate untill funeral expenses are paid. Is this true? Why? I’m waiting for life insurance funds to come in to pay the funeral.
Asked on May 28, 2013 under Estate Planning, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The advice that you received from the attorney is incorrect. Under the laws of all states in this country you can file for probate your mother's Will before any funeral expenses are paid. I suggest that if you need an attorney experienced in Wills and trust matters that you look for such in your locality through attorneypages.com.
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