Estate Representation Requirements

Summary

Non-lawyers generally cannot represent estates in court, even if they are administrators. Courts require legal representation, and exceptions are rare. If financial constraints are an issue, consider seeking legal aid services, pro bono attorneys, or assistance from local bar associations and law school clinics. These resources may offer free or low-cost legal services. Additionally, explore online platforms for attorneys offering reduced fees or consider community support options. If you have further questions or need more guidance, reaching out to local legal resources may provide additional support.

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I filed in WV circuit court, as the administrator of the estate, a Declaratory Judgement and Injunction Relief complaint after consulting with a licensed WV attorney. The summons was served by sheriff. Then yesterday the court sent a letter stating I can not file pro se and that I was unlawfully practicing law and would need represented by an attorney, and have 30 days to retain council. I spoke to the judge's assistant for clarification but was told she cannot givr legal advice.
It seems like you're dealing with a complex legal situation involving estate administration. In general, non-lawyers cannot represent estates in court, even if they are appointed administrators. Here’s what you can consider:
- Retain an Attorney: Since the court requires you to have legal representation, it's important to hire an attorney who can represent the estate.
- Consultation: Reach out to the attorney you previously consulted or find a new one who specializes in estate law.
Would you like assistance in connecting with a local attorney?
My question is, can I file a motion for exception requiring legal representation?
In general, courts typically require estates to be represented by an attorney, and exceptions are rare. It would be challenging to file a motion for exception successfully. Consulting a local attorney experienced in estate law is advisable. Would you like help finding a local attorney?
I can not afford $10K retainer fee. I am an IHSS provider caring for a disabled adult and this is my only income. Additionally, I am in CA, not WV and trying to administer the estate. I relied on hours of research and attorney consulting and demonstrated competence when filing pro se. Its a straightforward case no creditors no will simply trying to remove the disqualified heir that violated WV statute and is squatting on estate 9 years. I can't afford attorney.
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It sounds like you're in a tough spot. While exceptions to the requirement for legal representation are rare, you might consider seeking out legal aid services or pro bono attorneys who could assist without the hefty retainer fee. Have you considered contacting local legal aid organizations in West Virginia for support?
Yes, I've attempted to receive legal aid assistance in West Virginia. And I received no assistance and no callback after several calls. Also I was using my Legal Shield membership to get a referral for a West Virginia probate attorney, I had *, and they all required $10K retainer fee, there is no pro Bono that I can find, and can't afford it. I filed in CA for Conservatorship of my son Pro se. I have some knowledge. Also, I only have 30 days. Then Monongalia County Circuit Court will dismiss my case without an attorney.
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This is indeed a challenging situation, especially with the time constraint and financial limitations. Here are a couple of options you might consider:
- Check with Local Bar Associations: They sometimes offer free or low-cost legal services or have volunteer lawyers who might be able to help.
- Contact Law Schools: Some law schools have clinics where law students, supervised by licensed attorneys, offer legal assistance.
Would you like more information on these options or any other assistance?
Woukd a volunteer lawyer be a licenced WV attorney to represent my case, for free? The work is all done, they just need to represent me
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It's possible to find a volunteer lawyer who is licensed in West Virginia, but it might be challenging due to limited availability.
- Bar Associations: Check with the West Virginia Bar Association for pro bono lawyer referrals.
- Law School Clinics: Contact law schools in West Virginia for possible assistance from legal clinics.
Would you like to explore these options further? If so, I can provide more guidance.
I only have till June * to retain an attorney., so it is challenging to say the least. I will have to find other options. Thanks.
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It sounds like a very challenging situation, especially with the time constraints and financial limitations. I understand you're seeking free or low-cost legal representation in West Virginia. If you haven't already, you might want to try:
- Reaching out to multiple legal aid services in both West Virginia and California.
- Exploring online platforms that connect clients to attorneys offering reduced fees.
- Considering any crowdfunding options or community support that may be available.
If you have any other questions or need further assistance, feel free to ask!