Legal Question in Wills and Trusts in Ohio
probate one's will
Is it true that I do not have to use the same attorney to probate my will as the one who wrote it up for me in the first place?
Asked on 2/29/08, 9:31 am
2 Answers from Attorneys
Robert Rosplock
Rosplock & Perez
Re: probate one's will
I presume you mean the Executor, as your will is not probated until after your death.
The attorney-client relationship is a personal, confidential relationship. The named Executor DOES NOT have to use the attorney who prepared the will.
Many attorneys retain custody of signed wills with the hope that they will be employed in probate, but the Executor can obtain the will without employing the attorney holding it.
Answered on 2/29/08, 12:47 pm
Nancy Fioritto Patete
Nancy Fioritto Patete, Esq.
Re: probate one's will
Yes, you can hire a different attorney to assist you in the probate of the will.
Answered on 3/02/08, 2:03 pm
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