The Probate Process: Four Simple Steps

Do you believe someone's wishes, written down in three different places - the same thing - before she died suddenly, should be taken seriously by her family?

very good article!!

My wife passed away and we had a will giving me all assets. We owe nothing on property, cars, etc. The property was held as tennents in common. Do I still have to do probate to transfer the property in to my name only?

My father died Jan 2008 he had 23000.00 in his checking account now we are to have the estate divided into 4 and my sister was paid 25,714.00 for expenses paid by his checkbook why is she allowed when it wasnt her money. His funeral was paid out of his checkbook not hers how is this legal. Then she gave my brother and her husband 5000.00 for cleaning a already clean house how is this legal so far 35,714.00 is gone from his estate what is my course of action?

YOU HAVE DONE A WILL FOR ME
WHAT ABOUT A LIVING TRUST VS A WILL??
Thanks

My Grandmother passed away and My aunt and her son.tookeverything and sold our land and bought abrand new House. andthey are renting my grandmothers House.
Icalled my aunt and asked here if she was going to buy us out and she saide yes now and her son is telling her to say she does not Know what i'm talking about. Her Lawer sent us paper that we are her Sister Our older sister gave

her potion to my aunt.But my Brother, my sister and myself we did not now she says the are not going to give us any thing.Our mother Died and we ihared herpotion.Can any help us we diserve what is due to us.Thank you Verlenda

In Florida, how is the value of a deceased person's home determined? The home is paid for and free of any lien. Does the personal representative determine what to sell the house for. There are two relatives and two friends who are named in the will.

I purchased a vehicle and have been diagnosed with btrain cancer that will unfortunately take me before the lease is up. I have purchased your living will Nd trust recently. My question is since the lease is in my name only won't the leasing company just take the vehicle back and not go after my beneficiaries?

vERY INFORMATIVE INFORMATION. THANKS
SO MUCH.
GARY MCWILLIAMS

what is a deed on death document?

I am 82 years old and wife in Ass't Living and minimal income. How is the most in-expensive way of preparing a will that will be accepted by the State of NC when either of us pass.

Thanks

Very good information. This has been a big question of
mine and no one I know seemed to have the answers.
Doesn't seem as complicated as I thought.

looks real interesting, good information.

My mother lived with me until she passed away, I have 2 questions 1, my oldest brother had a power of attorney, but she lived with me and social security made me her primary care giver, there should have been 4 grave plots in Arlington cemetary, but there are only three, I know through the years all the way back to 2002 my brother was dipping into her checking account, now I'm wondering if he sold a grave plot that he had no right to, should I take to this to probate court, and in which state, the power of attorney is from Ohio, but she died in Kentucky, does it make a difference ?

My father was in a nursing home, no assets,no bank accts,no stocks or bonds. Found out some of his pension checks were never cashed and pension company still has them. Nursing home sent us a bill for oustanding balance. I opened an estate acct. Pension company wants a EIN number. How do I get that and who do I pay first if there is creditors out there who want payment? There is no money other what is stuck in the pension. The nursing home was supposed to get his pension money but some how messed it up. Do I have to advertise in the paper about the estate? What do I do when the money is all paid out and some creditor sends me a bill?

A friend of mine's parents died 11 weeks apart. I don't know if they had lots of debt or just a little. They had no real estate. My friend thinks all she has to do is stuff a death certificate in with the bills- instead of payment. She thinks these will all be forgiven. I think she's going to be in trouble, am I right?

My brother passed away in 2007, I believe without a will and there is still money in my father's estate that should have gone to my brother. The attorney for my dad's estate suggested that I file as a co-administrator of my brother's estate in order to close out my dad's estate and have payment split between my brother's domestic partner (not legally married)and myself. If we do not act soon, the court will take the money from my father's estate. By the way,I am the executrix for my dad's estate. How do I proceed and can my brother's partner and I file to be co-administrator's of my brother's estate and split the inheritance? Also, what would this cost and would we then be responsible for any of my brother's possible debts.

I appreciate your input.

I recently contacted your company. My question was do I have to go through probate. My husband had no will and he only owed on his home which was only in his name.He purchased the home before me and I dont wanna live there. I would really like to give all my rights up to this situation. Is it possible to just let the bank repo and resale without me being responsiable. And am I responsiable anyway since ny name wasnt on the home. I do relize I will not get any money when it is sold but I am ok with that. I just want this all to be over with real soon. I however did contact an attorney like your company told me to but it has been 2 weeks and I have not got any response. Is there any way your company could please just tell me what I my rights and responsablities are. Thanks in advance Tammy

Im in process of getting our moms (her 3 sons) probated.

Im finding out that if mom had done a TOD or POD or co-owner on the house, that it too would have avoided probate.

In our case, all other assets are non-probate.
We have already split up all cash & personal items except for her main checking acct (now being used as a estate acct to pay remaining bills (only utilities and property tax and house insurance as there are no real debts).

The reality is that if we had had mom do a survivorship deed on the house, it too would have avoided probate.

For small estates, its almost unneccesary to have a will if everything goes to adult kids. There are no issues between us and everything is getting 3way split.

Though technically our estate sale profit of furniture and etc will be mostly mine.

The crazy thing is how they say you cant do anything with personal items... thats nuts.

Mom had a huge porclean collection along with a normal amt of dishes/furniture and etc.

Her sons have already packed and split up all personal items.
Ive already tossed away all underwear & socks and female personal items (unsellable).. as per agreemenet between us brothers.

Estate sale will be very very soon.
We have already sold the car, and it wont be part of probate.
Car was legally sold as per state of Oklahoma without probate being involved.

Moms estate has no debts/loans/mortgages... excluding the usual of utilities/property tax/house insurance.

Most magazines, and non-utility bills have been canceled/refunded..

Im not even the executor, but I was co-owner of nearly evrything while she was alive and most of those things do not require a executor or repressentative but often may require a 'co-user/co-owner' or similar.

That gave us $2000 in savings so far, we estimate another $1000 in total savings by eliminating unwanted mags/subscriptions and etc...

The bummer is the 20+ bags of trash for what was a hoarder of documents (she had 45 years of bank statements along with every single driverslicense and every single passoport and similar.

A will in the end should be for items not already covered by POD / TOD or beneficary specified.

If moms house had been co-owner or suvivorship deeded, there would be nothing to probate at all despite having $250k in total net value.. (cash,house,car).

My father passed on and had been married to my step mother for 7 months, she altered the deed to his house and I have papers barried on the property that shows 3/4 th od his will completed. My brothers and I lived out of state and intrusted her with everything. I kept in touch with her and she never told me she sold the house. She also remarried and kept all the money from the house insurences, bonds everything. We even had a case against lockheed aircraft company I was to get 56 hundred dollars and she still will not give that money to me. She forged my signature and my fathers and not one attorney will believe me on this matter. not only did she do this to us but the man she was married to before my father she did the same to that husbands son as well. I'm sure someone on this planet can help me!

My sister passed away Nov 2, 2011, she was unmarried without any children. I am her beneficiary on everything, all of her accounts, she was still working, in fact she passed away @ work, i am her only beneficiary on her job. she had one account @ her credit union that she apparently never listed a Pod or beneficiary. The banker their said that I need to go to the court and petition to be named executor of her estate, and that there was no need to go through the probate process, then come back to them and they will release her funds. I know this was just an over sight on her part. My question is how do you file a petition. I have already paid for her funeral and her outstanding bills.

Hi, I have a serious problem, my parents made a rev trust together in 1993, dad died in 1995, assets belonging to mother as survivng spouce remain in that prior trust because they were never transfered to her in succession.

40+ years of accumulated assets etc (40 yrs as of 1995) remain in that prior 1993 trust, these assets need to be moved to her newly created trust because that prior trust was revoked by her new one ,

Now in probate opposing council is attempting to close proceeding claiming that all assets are not in the probate estate that they are in the trust. However The trust they are refering to is the old revoked trust which is where these assets remain to this date. court is not aware that her new trust (the one which revokes the prior ) is not the one which holds the assets, they have yet to be clued in to the details that assets remain in the prior revoked trust and not in her new trust.

Dad died in 1995 and these assets have yet to be given to her by right of sucession.
what can I do to teel the court of this and keep proceedings on my moms estate open, assets have continued to accumulate and have been in my brothers controll, he must be made to give up ownership of these assets which rightfully do not belong to him, they belong to my parents estate.
feeling helpless !! someone pls help!

Do I necessarily need an attorney to probate my deceased father's simple will stating that I should be the on to handle the affairs. the only asset is his primary residence.

how long does it take to recived the thing that were left for you