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-- The attorney and court involved probate process can be difficult. And heirs are sometimes misled by the attorney who wrote the will.
Estate attorneys know that the real money in writing wills is not in the writing in the will, but in the probate of the will after the testator dies. Legal fees for probate typically far exceed the legal fees for the creation of the last will and testament.
Some lawyer offer "as a courtesy" to their clients, to keep the client's original will. Lawyers know thta the original will must be produced upon the death of the testator. But by keeping the will, the attorney knows that the executor and heirs must "come through the attorney" to get access to any inheritance after the testator dies.
Other lawyers, when drafting wills, include a provision that the attorney is appointed as the attorney for the executor or the estate. While the provision is nonbinding. the provision misleads executors and heirs into thinking that the heirs are "stuck" using the legal services of the attorney who wrote the will, and thus stuck with whatever arrangements the attorney makes up.
Probate can be hard enough. Those in charge of completing it should not have to feel misled that they are forced to use the legal services of a particular attorney.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: https://go.oncehub.com/Paul8
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