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wlda

Yes. The lawsuits get very complicated and hiring an attorney is a must; it is also legally required. As a fiduciary, you are acting in a representative capacity, i.e., a capacity other than yourself, and to represent someone other than yourself in Court requires you to be an attorney or to hire one. If you appear in Court representing "yourself" in a representative capacity, it is considered the unauthorized practice of law.... Read entire entry »


wlda

It is not required, but it is highly recommended. Hiring an attorney that does not practice in the estate and trust area of the law would be like hiring a brain surgeon to operate on your heart. Both are doctors, but with different focus areas. The same is true in the law and the question is simple: Would you rather have someone that eats, breaths and sleeps estate and trust litigation or an attorney that practices in some other area of the law representing you in an estate litigation case?... Read entire entry »


wlda

No, but it is highly recommended. These cases get very complicated very fast and involve, in some instances, the shifting of the burden of proof. If you do not know what the latter is or means, then you need an attorney. In addition, fiduciary duties are complicated and difficult to understand ­ difficult to understand whether they have been violated ­ so it is very important to hire an attorney for these types of cases.... Read entire entry »

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