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When my DH died, I engaged an attorney to handle the probate for me as the named administrator in his will.
The attorney charged me $3000 which I thought was reasonable. It was all done in about 4 months. Would have been faster but it was during covid and the govt offices were mostly closed.
When the toilet breaks, I don't fix it. I hire a professional plumber.
When the electrical switch starts to flicker, I don't fix it. I hire a professional electrician.
When the pool started to leak, I didn't fix it. I hired a professional.
When the will needed to be submitted to the court, I didn't file it. I hired a professional.
Very good advice.
I fix all my own plumbing, electrical and other things and handle my own investments, all quite successfully, -- yet even I would not attempt handling probate or estate issues myself.
I had no idea what was involved with Probate he named me as his personal representative and only beneficiary. He only has a storage unit and old car, and a travel trailer likely owes more then it's worth.
My mother who has a home with no mortgage I'm very concerned about probate because I read that for him a simple probate can be done in 40 days, but someone like my mother it could take a few years. The cost for an attorney is $5000 to start with. This worries me I'm thinking we should really put her things in a trust.
I could not find a subforum for this if it's in the wrong spot move it. I think lot of people who get wills just don't realize how much of a burden this can be on the family who is left behind.
My parents passed away in the summer of 2020. Everything was already in our (the kids) names so there was no probate, and everything was pretty simple really.
I think it is important to note that no one ever HAS TO go through probate or deal with an estate. People CHOOSE to, in order to get any possible inheritance they feel is coming. You are certainly within your rights to say, "no thank you" and walk away.
There shoulgn't be any probate. As the only heir, there is no-one else with an interest in how you deal with it. The will and a copy of the death certificate will get you all the keys, just go in and take it.
Start with his everyday bank, they do this all the time.. His bank should immediately hand you his balance, and suggest any other steps.
My sister had three of those, none were any problem, she just took the stuff. When my mother died, sis went to the bank next norning, they said "Yes, we know, we heard on the death notices on the radio this morning".
Yeah. Don't the accounts all have named beneficiaries? Money gets handed right over.
Yeah. Don't the accounts all have named beneficiaries? Money gets handed right over.
That is a major time saver when there are accounts.
The hassle is usually around real estate and how large that can be. Finding titles to mobile homes, cars, getting appraisals for tax purposes.
My mother (a financial advisor) failed to leave her $35 a month oil / gas income to someone and that tied things up for awhile plus tracking down a title for an old mobile home she paid cash for 10 years earlier and put at the ranch.
I think it is important to note that no one ever HAS TO go through probate or deal with an estate. People CHOOSE to, in order to get any possible inheritance they feel is coming. You are certainly within your rights to say, "no thank you" and walk away.
This is true. You can refuse to serve OP! If there is any property or assets to distribute the state (his state of residence, not yours) and there are no other heirs, the court will assign a representative to do so according to that state's law.
I served as executor for a parent. He didn't trust anyone and refused to put anything into a trust or assign direct beneficiaries to most of his assets (I only managed to coax him into one), plus there was a neglected house to clear out and sell.
Probate is a process like anything else and the process is quite specific. You follow the steps. Probate procedure differs by state. Find his state's district/probate court's website and read about probate. Most if not all states should have one. You can learn quite a bit all on your own. Stop focusing on how long the process should take. It will take the time it takes. There are more important things to focus on.
As for working with an estate attorney if you do decide to serve, you can find a state licensed family law/estate practitioner and have an initial meeting with them. An initial meeting won't cost much and legal fees are reimbursable from the proceeds of any assets. You could also find a source for free legal aid services. This situation may not pose much of a problem so they could point you in the right direction. Most of the steps aren't difficult though there are Ts to cross and Is to dot.
Last edited by Parnassia; 03-30-2023 at 04:23 PM..
I found out in my case I don't need to go through probate because the storage units only need me to present the will and the death certificate. I may have to wait 30 days probably will be that long before I get the death certificate. I will fill out an affidavit at both sites then they will put the storage units in my name. I stopped by his bank they also said the same thing no need to even go through probate. I just need to get his personal items back from the police department. The medical examiner called me today want a funeral home to pick him up in 24 hours I arranged a low-cost cremation as he had no family since we already discussed what he wanted done I will follow out his request.
Many States have various levels of probate. It sounds as though your friend's eestate would qualify as a Simple Estate with less work, fewer rules, and speedier resolution.
Although the dis-Inherited Daughter could pose a severe wrinkle.
Many States have various levels of probate. It sounds as though your friend's eestate would qualify as a Simple Estate with less work, fewer rules, and speedier resolution.
Although the dis-Inherited Daughter could pose a severe wrinkle.
If she shows up she can have his stuff I planned on donating it.
In this OP's case, I would first do a quick mental accounting of the cash valu of the estate. If he had a 3-figure bank balance, yard-sale stuff, beater car -- it may not be worth the trouble. If they start yelling "probate", just walk away. You can resign as executor, which will still require a notarization. You'll still be the heir, but probate willl replace you with someone very skilled at squandering the entirety of the estate with per-minute billing..
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