Legal Disputes Over Inheritance and Property: Do You Hire a Real Estate Attorney or a Probate Attorney?
When your parents pass away and you expected that you would inherit the house, only to find out that you did not, it can be quite awkward when their will is read. Unless your parents amended their wills and gave very clear instructions and reasons as to why you did not inherit the family home, you may want answers so badly that you hire a lawyer. However, therein lies the conundrum; do you hire a probate lawyer because you are contesting the will, or do you hire a real estate attorney because you want to know if there were any changes made to the deed recently? The following should help you sort out who to hire so that you can resolve the issues surrounding your parents' house and (maybe) why you did not inherit it.
The Probate Lawyer
The probate lawyer who assisted your parents with their will was probably close enough to them to learn the reasons why you did not inherit the house you were originally promised. The probate lawyer may also be able to tell you when this change was made to your parents' final will, which might be a clue as to why the changes were made. If you wish to contest the will, you will need your own probate lawyer to file paperwork with your parents'.
The Real Estate Attorney
A real estate attorney handles cases where one party contests the rightful ownership of a property. He or she also handles the transfer of property from one party to another. The only things a real estate lawyer could do for you in the event that you were denied the inheritance of your parents' home is to put a stop-hold on the transfer of deed from your parents' estate to the person named in their will as the new owner of the house and property.
The Right Attorney to Hire
If your name is not already on the deed, the real estate lawyer cannot contest rightful ownership because there is not documentation showing you ever held the property. However, hiring a real estate attorney to place a stop-hold on the deed transfer can help you by giving you enough time to secure a probate attorney. He or she can then carry the case the rest of the way to court. In short, both attorneys can help you, but the probate attorney is preferable since you would be contesting the part of your parents' will that gives their house to someone else.