Question this week:  I receive SSI and my Father just died.  He had a bank account with less than $30,000.  I have no savings but the Clerk at the Courthouse says I need to go through probate.  I don’t know what probate is but know I can not afford an attorney.  The Clerk says I have to have an attorney.  What can I do and who do I hire?

First Probate is the division of the Court system that transfers ownership of property to the rightful new owner after someone passes away. 

The simple answer to your question about how to find an attorney when you can’t afford one is pretty simple; you need to find an attorney who will take a lien against the probate estate.

However, I would suggest you seek an attorney who understands probate AND  SSI.  If you are an heir to the estate and you take the money you will find yourself in some trouble.  We see many PI, probate and estate attorneys allow this to happen because they do not understand why losing the small SSI benefit is such a big deal when you are receiving 100 times that or more in the probate.  However, the medical coverage that goes along with it is why it is important.  We have seen families receiving $80,000 just to have a major surgery come up that was not expected costing over $200,000. 

Further many jurisdictions pay the personal representative.  You need to give consideration to how that will affect your SSI benefit. 

What I am saying is be careful and seek out the right attorney not just a part time probate attorney who will cut you a deal. 

I wish you the best of luck.

Jason A. Waddell

Waddell & Waddell, P.A.