Why does the court tell me that I need an attorney?

I get a call from someone about every other week who tells me that the clerk of the court would not let them file something without an attorney. The reason for this is a bit technical, but I think I can explain it in lay terms.

Only a licensed attorney may represent the interests of third-party individuals or entities. In a probate proceeding the person applying or letters testamentary, letters of administration, determinations of heirship, or guardianships of the person is acting not only on their behalf, but also on behalf or the estate, other heirs, or the proposed ward. So if the applicant does not have an attorney they will be committing the unauthorized practice of law.

If you have any questions call The J. Guerra Law Firm at (210) 366-4529 and ask for Christopher Hernandez.

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