Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
What I am dealing with is a will and a handwritten codicil and because of slight ambiguity and a possible heir the lawyers are coming out to feed. It is estimated 40-60k will be needed to settle this if contesting continues. All my loved one had was a home.
This is seriously one of the most anxiety ridden, horrific systems I have ever seen. In the one article the Doctor calls it undemocratic, I would go so far as to say it is criminal.
The steps in place actually encourage discord, and appeals. Then if an appeal happens 3 lawyers have to be involved, 2 feeding off the probate account which is now frozen! Then if the appeal is successful the 3rd lawyer feeds off same account!
It truly is a vampiric system.
After this is all over I plan on becoming more active in fighting this system. Do-it-yourself probate should be the order of the day. Lawyers should not need to be a heavily involved. Also the order of things is downright scary. My love one died in January and I still cannot pay myself back for anything I paid for, going broke! No end in site. Why in the hell did the bank part not take precedence! It should have been the 1st thing taken care of-not it all rolls into one! Asinine!
I am starting to think the whole things is designed so people lose the loved ones home and assets and banks and lawyers profit.
I'm going through probate back in the UK so I feel for you.
You might get better responses in other forums on City Data.
I've been through the same thing, though many years ago, with my grandmother's estate. She died the day after my grandfather's funeral. A son who lived out of state and rarely had anything to do with either of them insisted we hire his attorney friend to handle the relatively small estate. Grandparents had a nice 3BR brick house on a corner lot, nice car, though not a lot of investments. The attorney drew things out for more than three years and after he took all his fees and "expenses" there was $3,000 left. So, OP, I understand your frustration all too well.
Moderator note: Thread moved from Other Topics to P&OC. That's the best home I could find for it.
.
__________________
My posts as a Moderator will always be in red.
Be sure to review Terms of Service: TOS And check this out: FAQ
Moderator of Canada (and sub-fora), Illinois (and sub-fora), Indiana (and sub-fora), Caregiving, Community Chat, Fashion & Beauty, Hair Care, Games/Trivia, History, Nature, Non-romantic Relationships, Psychology, Travel, Work & Employment, Writing.
___________________________
~ Life's a gift. Don't waste it. ~
I've been through the same thing, though many years ago, with my grandmother's estate. She died the day after my grandfather's funeral. A son who lived out of state and rarely had anything to do with either of them insisted we hire his attorney friend to handle the relatively small estate. Grandparents had a nice 3BR brick house on a corner lot, nice car, though not a lot of investments. The attorney drew things out for more than three years and after he took all his fees and "expenses" there was $3,000 left. So, OP, I understand your frustration all too well.
Moderator note: Thread moved from Other Topics to P&OC. That's the best home I could find for it.
.
That is stealing. Somehow they are allowed to do it. Even if they screw up a case, they get to take it. Try suing a swindling lawyer for malpractice.
I am sorry for OP and everyone victimized by the "legal" system. It is set up like the tax system to make everything too complex and risky to do on our own.
There is a disease in many of the USA court systems and none worse than family court. There is so much corruption and good old boys club mentality. There is a revolving door between the court judges and attorneys and the various agencies that are supposed to help families but in actuality, they go out of their way to make things worse and drag things out. This is a national problem but I am dealing with it in NY. They have a federal slush fund and all of the corrupt players feed off of it like bloodthirsty vampires. If I hadn't seen for myself, how the court appointed attorneys working against you knowingly lie and take sadistic joy in doing so, I would not have believed it. Just google corruption in family court and you will not believe some of the stories/videos. A third world country would do better...Disgusting! Shameful!
To the extent possible, the best course of action is to get assets into the names of heirs while still alive. In my State something frequently done is what is called a Life Estate. In a nutshell the kids are added are additional owners and upon the parent's death the kids just own the house. No probate needed. While the parent is still alive they legally have possession of the house including the right to change their mind about the heirs.
Bank accounts can be held jointly with the heirs, then the survivors automatically own it when the other person dies. No probate needed.
Anyone who doesn't trust their heirs enough to do this kind of stuff needs to rethink who their heirs are.
When my mom died she did so without a will. We still managed to figure it all out and no one left upset.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.