Any probate attorneys here? Need help.

[CAJUNLAWYER]

Down here normal estate distribution consists of the first family cleaning out the trailer while the second family is at the funeral. Maybe I'm leaving a lot of money on the table, but here successions are 90% of the time quite simple matters and at least in my circle of clients take no more that a trip to the courthouse to round up property descriptions-getting info on the kids and surviving spouse preparing some rote documents and walking it through for a judge's signature. I'm not gonna tell you what I usually charge other than to say that I lie awake at night dreaming of being able to charge and collect $640 an hour. I guess when one has done something long enough it gets easy to the point where you don't realize just how much stuff goes into it-you just do it without thinking.

 

[WR Moore]

An attorney once took me to an establishment frequented by lawyers during lunch hour at the local court house. I overheard the following between two lawyers. One hopes this was an example of lawyer humor.

"Hey, how did that probate case come out?"

"It was a tough fight, the heirs got nearly as much money as we did."

 

[Farmer17]

My attorney friend charged me about $2,500 to set up my estate for everything to go to my daughters and I have a construction business, rent houses, oil & gas interests, four or five bank accounts, IRAs, 401K and 3 limitied liability companies. For most people it should be less than that and it was well worth the piece of mind knowing it was done right.

 

[Bald1]

OP hasn’t stated exactly what his concerned about. His estate or someone else’s. Unless I missed something

 

[DWalt]

My attorney friend charged me about $2,500 to set up my estate for everything to go to my daughters and I have a construction business, rent houses, oil & gas interests, four or five bank accounts, IRAs, 401K and 3 limitied liability companies. For most people it should be less than that and it was well worth the piece of mind knowing it was done right.

If you own businesses or are in partnerships or other complicated financial dealings, you nearly have to get a lawyer involved to avoid probate. If you just own a house, have bank accounts and brokerage accounts, you can generally handle it yourself. Make sure your heirs know all about your financial arrangements. For personal vehicles, the titles should be styled in joint survivorship as should bank accounts and brokerage accounts. Talk with your bank or brokerage. I believe most states allow that.

 

[ladder13]

My attorney friend charged me about $2,500 to set up my estate for everything to go to my daughters and I have a construction business, rent houses, oil & gas interests, four or five bank accounts, IRAs, 401K and 3 limitied liability companies. For most people it should be less than that and it was well worth the piece of mind knowing it was done right.

We have done the same. There will not be any arguments, at least ifo a judge, when we both pass.
We did it for them, not us, so they can keep the lions share. And as my estate lawyer said “not many people do any of that”, which includes my sister and BIL.
BIL has the “who cares what happens when we die” attitude. I gave up talking about estate finances ifo of him. Let the court figure it all out.

 

[lihpster]

OP hasn’t stated exactly what his concerned about. His estate or someone else’s. Unless I missed something

My father had a court appointed conservator. He died intestate. Worried that the conservator is a thief. Had some questions that I didn't know how to get answers for. Got some off of Google from a State website that shows all the statutes concerning intestate estates. Gonna try talking to a lawyer, and see if I can't get this figured out.

P.S. I am the sole heir. The estate comes to me and me alone. There was a court order awarding me compensation for being my dad's caregiver. They gave me a small chunk and said they couldn't give me the rest until we had sold the house because we had to be sure there was enough to sustain him, even though there was over 3 times the amount owed to me in cash, or liquid assets. When my father died and we no longer needed to save for his future, I asked for the rest of my compensation as I am selling guns to buy food. Now they say, that since he's passed it's just another claim against the estate and we have to wait for it to go through probate so that they can get a court order to pay me, even though there was already a court order to pay me.
Anyway, I think I got it handled, for now. Thanks to everyone for their advice and counsel. I appreciate it.

 

[Bald1]

Well good luck with it. My wife and I took steps back in the spring to straighten out our estates. Wills, healthcare proxy, power of attorney, trusts, and document all beneficiaries. Got all the paperwork in a binder locked in safe. Hopefully we won’t need it anytime soon.

 

[Golddollar]

Years ago when I was working in Maryland I was friendly with a local accounting firm. The accounting firm came up with something that I think is just absolutely brilliant. They called it an estate handbook, and I really provides a means for pulling together all the things that an estate administrator would have to consider. I'm talking about down to asking what songs to have played at the funeral (I wanted "Return to Sender" by Elvis Presley when they are wheeling me out). Just having the phone numbers all together for the people to notify would save a lot of time and effort trying to look them up at a very stressful time.

 

[DWalt]

BIL has the “who cares what happens when we die” attitude. I gave up talking about estate finances ifo of him. Let the court figure it all out.

My BIL had the same lack of concern. Almost five years ago he came down very suddenly and was sent to hospice care within a few days after I took him to the hospital where nothing could be done to save him. No worse place on earth than a hospice. He had done nothing regarding the disposition of his estate, not even a simple will. I actually made all the arrangements to pass everything he had to his daughter (who lived out of state) while he was on his deathbed. He had no wife. I had to hire a Notary Public to come to the hospice while he signed all the paperwork I prepared so I could file it. He was dead two weeks later. One other very important thing I did was to have both he and his daughter sign a Power of Attorney to me, which I also prepared. His daughter knew less than nothing about handling the details so I had to do everything for her. But at least I kept everything out of probate.

 

[Beemer-mark]

Like a lot of things probate law is written by lawyers to enrich lawyers. Remember judges are lawyers too.

 

[CalifEd]

Well good luck with it. My wife and I took steps back in the spring to straighten out our estates. Wills, healthcare proxy, power of attorney, trusts, and document all beneficiaries. Got all the paperwork in a binder locked in safe. Hopefully we won’t need it anytime soon.

Make copies so the heirs and any future attorneys can find the documents.

 

[Bald1]

Make copies so the heirs and any future attorneys can find the documents.

There’s only 2 heirs other than me and my wife. They can both access the safe. But that’s a great point that is probably overlooked sometimes. What good is a will if nobody can find it.

 

[lihpster]

From my experiences in this area, I have learned a few things that will help to make sur your wishes are followed and your loved ones have an easier time dealing with your estate.
1. Legal Documents
Get these done as soon as possible. Remember, a good bump on the head can render you incapable of giving others power of attorney to manage your healthcare, much less write a will. If you have it done in advance, you can always update it, but you can't go back and write one. POAs, wills, POLST orders, all of these things should be in writing and legally enforceable. Have copies and store them separate from the originals.
2. Make your wishes clearly known
Don't want to be resuscitated? Let someone know. Preferably someone who's going to be making decisions on your behalf. Want to leave your niece your grandmother's doll house? Don't just put it in the will, tell people what you intend to do. It may cause some hurt feelings in the meantime, but it will avoid them when the time comes to deal with the estate. Clear intentions, clearly known, avoid some problems.
3. Get professional legal help.
Remember, all of this has to pass muster with the courts, so the dotting of the Is and crossing of the Ts should be done by a professional. Besides helping to insure your wishes are followed it can also speed the process considerably. Believe me, dragging it out is incredibly stressful on the survivors.
4. Hug you kids today
Tomorrow may be too late.