Is it necessary to hire a real estate lawyer to sell this property?
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: My sister has some real estate that she wants to sell. She owns it free and clear. The deed and title are in her name. Does she need a real estate lawyer or just a notary?
A: I’m not sure what you mean by “just a notary.” That implies she is going to prepare the necessary paperwork herself and deed the property to the buyer without title insurance. While some real estate transactions are handled this way, it is rare, and it is a bad idea. Therefore, I would say she does not need just a notary.
Whether she needs a real estate lawyer is another issue.
Sellers and buyers typically work with real estate agents who earn commissions when the sale takes place. And most real estate sales are handled by title companies. The title company usually prepares much of the paperwork, which ultimately gets signed when the property is sold.
Many people buy and sell real estate without the assistance of an attorney. So, the answer to your question is no, she may not need an attorney as long as there is a real estate agent and a title company involved. Most of the time, sales are routine, and there are no issues that arise.
But it can be beneficial to hire a real estate lawyer to look over the paperwork to make sure all the documents are in order. This is especially true when highdollar real estate is being bought and sold.
Involving a real estate lawyer can add several hundred or even several thousand dollars to the cost of the sale, but if there are complicated issues to be resolved or the property is valuable, then the additional fee could be money well spent.
Q: I have a mentally ill adult son with leukemia. He is the beneficiary of a trust, but the trustee refuses to make large enough distributions to my son. The trustee says the money needs to be saved for the future. I can’t get help from anyone. What can I do?
A: You could hire an estate planning litigator and put pressure on the trustee. It is possible that a letter from an attorney to the trustee might result in increased distributions to your son. You can also seek to have the trustee removed and a new trustee appointed by having your lawyer file suit in court.
The problem, though, is that hiring a lawyer will be expensive. Most lawyers ask for a large retainer fee before they will begin working on a case. It may be far more expensive to pursue this case than it’s worth.
And importantly, even after paying a considerable fee to a lawyer, there is no guarantee of success.