How Probate Works When No Will

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America's Estate Planning Lawyers

America's Estate Planning Lawyers

Күн бұрын

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@karissagallaher3382
@karissagallaher3382 Жыл бұрын
Thank you for posting. My dad died suddenly March 2021. No will. House in his name only and purchased before he remarried. I now received all this paperwork about probate in the mail. Trying to make sense of it all.
@hawke4395
@hawke4395 7 ай бұрын
What happened to the house? Dealing with the same issue. Stepmom wants to sell it and take the proceeds. She is such a terrible woman.
@jyllian92
@jyllian92 5 ай бұрын
It’s a very confusing situation and the fact that some attorneys don’t have time to back it down for a person who doesn’t have a clue sucks😢 KZbin is my go too.
@lobomedina6312
@lobomedina6312 Жыл бұрын
Was a live-in caregiver for a dear friend who passed this last Tuesday, Valentine's Day. Intestate. Her 2 grandkids and their friends swarmed like locusts, started removing her valuables before her poor body was removed. They're not even her legal heirs, as she has a living son who I was unable to contact immediately as the last cell phone number isn't in service. The next day they brought a truck and hauled off her antique furniture and heirloom china. Tried to tell them they needed to back off, but they acted as if they were the authorities, and even had the temerity to give me a verbal 90 days notice. Her lovely home looked like it'd been hit by a cyclone. They even took the metal bins where we kept our garden tools. Part of my grieving process has been trying to make some order out of chaos. Needed to vent.
@LeppieLaddie
@LeppieLaddie 3 жыл бұрын
I just finally got done with Probate. Never again. I have never been so stressed in my entire life. I was thankful when I got my discharge letter from the judge. 15 months of pure HELL! So glad it's finally over! Thank God!
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
Hugs. In the middle of hell in NY
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
It goes.
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
It seems it will never end and live in Maryland with Mom in NY in nursing home with both her home and brothers home.And have to pay taxes ultilities etc of both homes and Squatters in Mom's home etc. On and on
@LeppieLaddie
@LeppieLaddie 3 жыл бұрын
@@leeanncornell8305 I know it seems like it goes on forever. I wish you the best of luck with your probate too. Mine thankfully wasn't too complicated except for the creditors. It took forever to close it though the courts were dragging their feet. I know you'll be glad when it's over too.
@Burritosarebetterthantacos
@Burritosarebetterthantacos 2 ай бұрын
I’m a year in and it’s terrible.
@SkeensSeattleUSA
@SkeensSeattleUSA 3 жыл бұрын
You are doing a great job providing basic to the public. It’s very hard to grieve the loss & do administrative work for the estate. My sister had no WILL or Advanced Directive. She had a house & two minor children! Nightmare!
@lindanorris2455
@lindanorris2455 3 жыл бұрын
YUP! MY FATHER AS WELL! MY BROTHER CHAS CLAIMED FOR 5 YEARS HE WAS THE ONLY HEIR! TOLD EVERYONE, THERE WERE NOT HEIRS BUT HIM! PROBATE DOES NOT GIVE A CRAP ABOUT ANYTHING OR THE HEIRS. THERE IS NO COMMUNICATION BETWEEN THE HEIRS AND PROBATE. NO HELP AT ALL.
@jodydietz3948
@jodydietz3948 2 жыл бұрын
@@lindanorris2455 Did your brother steal everything then claiming he was the only heir?
@shackelfor1993
@shackelfor1993 Жыл бұрын
My mother is currently going through this. It is definitely a nightmare. My condolences.
@dani323
@dani323 Жыл бұрын
@@lindanorris2455'm sorry. It's our parents that screw things up by thinking sticking their heads in the sand like a bird 🐦 things magically get done! Now we know we inherit their mess too!
@Trac82
@Trac82 Ай бұрын
​@@jodydietz3948My brother would have if he could get away with it.. It's always the greedy ones. I must have done something right when I raised my son. He says he doesn't want anything from anyone. Not one greedy bone in his body.
@Vera4962
@Vera4962 3 жыл бұрын
I was administrator for my Mom's estate and even with a will, it took 2 years to settle due to infighting in the family. Probate is horrible and takes forever. I would not do it again as I was working full time and working on estate business when I was not at my job. Now, I know more and thanks for the info as I didn't know what I was getting into. Finished it though and right to the penny, it was correct. Thanks again for all your help.
@salahudinstanford
@salahudinstanford 2 жыл бұрын
I have some questions, is there anyways I can contact you?
@Utubin
@Utubin 2 жыл бұрын
@@salahudinstanford Did you ever find anyway or anyone to contact. I'm needing to find a lawyer in Ga who can help settle my dad's no will small estate. Thanks
@energylady9409
@energylady9409 2 жыл бұрын
@Nicole Eddy are you a estate attorney? I need help with my deceded dad's estate?
@mendoblendo321
@mendoblendo321 Жыл бұрын
How is it going now? I'm dealing with a similar situation now
@ChooseForToday
@ChooseForToday Ай бұрын
@@Utubin it's not wise to take legal advice from random strangers on the internet...
@chrisdidonna7386
@chrisdidonna7386 2 жыл бұрын
When my dad died my sister and her daughters were like vultures, descending upon the property and grabbing everything of value.
@jyllian92
@jyllian92 5 ай бұрын
It’s sad how much people don’t realize that the material things are replaceable but the loss of the loved one is not.
@jyllian92
@jyllian92 5 ай бұрын
😢
@davisgailitis
@davisgailitis 9 ай бұрын
I'm going through this right now. Non US citizen US based Estate Sole Kin No Lawyer (can't afford) Am Court approved Administrator Still at beginning stages of Probate. It has and is an interesting learning curve, massive bumps in the road for procedural approvals due to not being a citizen of the US (left with feeling that Gov does not want to make it easy to apply for things as a foreign citizen, as example EIN number required to create an Estate account... for a US citizen can do online and immediately get one, within time it takes to fill out form. Even at its fastest will be minimum 2-4 weeks to get for me) One of the things that has bothered me through all of this is the business of and cost of Death. It's pitiful. One of the reasons I took this on was to close the book properly on the life of an 84 year old disabled vet that for his full life has given to his country by way of taxes etc and was poor. The last thing wanted was the Gov to get their last things in life. The eye opener for all of this is imagine if the inherited was poor in this situation. They would never be able to afford the cost of Death ie the cost of Probate, costs of filings when in probate, costs of lawyers, costs of assessors for assets, costs of death certs. Costs of approval paperwork, costs of funeral etc etc etc Its like the system wants the gov to get what is left, like beating a dead horse with a stick
@williamlouie569
@williamlouie569 5 ай бұрын
The system still want their pound of flesh where there's none left!
@gerrimiller3491
@gerrimiller3491 Жыл бұрын
Hi there, can you please inform me as to what happens when the probate estate doesn't have enough funds to pay the deceased debt?
@onetruth4295
@onetruth4295 3 жыл бұрын
Thank you so much for making this video! I'm grateful that you took the time to explain the process through a very clear and easily understood example. I know that your generosity will come back to bless you in future. All the best!
@nicholasvarro7382
@nicholasvarro7382 3 жыл бұрын
Great information! Thank you for taking the time to make a video and share this.
@tonyafondrenmyjourney
@tonyafondrenmyjourney Жыл бұрын
Thank you I'm currently going through probate court now .
@iAmShenaG
@iAmShenaG 4 жыл бұрын
Very helpful information. Thank you. My grandfather passed away in 2016 and did not leave a will for his 5 children. My father - my grandfather’s son, passed away years ago so I was next in heir to be included in this process. Because my grandfather owned several properties throughout San Francisco that he rented out and some were vacant we had to go through probate. The properties sold rather quickly and distribution was released within 2 years (2018). We appointed my uncle as the executor of the estate and he communicated directly with the estate attorney and he handled everything accordingly. I’ve had to work so hard for everything I have and never imagined that I’d be apart of an inheritance worth millions of dollars.
@stephancharles7165
@stephancharles7165 3 жыл бұрын
Condolences and congratulations to you at the same time.
@iAmShenaG
@iAmShenaG 3 жыл бұрын
@@stephancharles7165 Thank you :)
@kaylab5866
@kaylab5866 2 жыл бұрын
Lucky ducky
@pahrahinc3895
@pahrahinc3895 3 жыл бұрын
THE Mrs. says: Funerals and burial plots are so expensive, I maintain that when someone dies with so many loose strings that a Cremation should be the way to get that out of the way and get on with the business of closing out an Estate, the cheaper you can legally get that Estate closed the more money there will be left over for the heirs to help them get their lives going again.
@NYCisland
@NYCisland 3 жыл бұрын
Most deaths are cremations nowadays though they aren't cheap either as funeral homes have found ways to gouge you for this too. The person should say how they want their body to be handled upon death and set aside money for it. Take a look at several funeral homes near you and ask about costs for cremation and secondary expenses.
@sodapopibc2
@sodapopibc2 Жыл бұрын
My wife passed away in early 2021. For me, the probate process was extremely stressful and confusing. I wish I had gotten a lawyer because to do it alone with family was exhausting.
@TomokoAbe_
@TomokoAbe_ Жыл бұрын
It's a legal mess. EVERYTHING is tied to laws and MONEY. You may also have discovered your own family, especially your in-laws, will quibble and fight over assets.
@Shanita162
@Shanita162 3 ай бұрын
I’m sorry for your loss. How much would you say it cost you to handle everything yourself?
@rekoj7524
@rekoj7524 4 жыл бұрын
Thank you for this video. My father passed without a will so this was very helpful. Me and my sister are on the same page so this will go easy
@americasestateplanninglawy1946
@americasestateplanninglawy1946 4 жыл бұрын
I’m sorry for your loss. I’m glad the video helps.
@rekoj7524
@rekoj7524 4 жыл бұрын
Thank you. Now the fun starts he had no property and totaled his truck in the accident so property is not an issue
@captainkrunch6372
@captainkrunch6372 2 жыл бұрын
Lol, I doubt it
@sherriekoberevans3204
@sherriekoberevans3204 Жыл бұрын
Helpful
@angelamc3532
@angelamc3532 Жыл бұрын
@@americasestateplanninglawy1946 So my parent did have a will but sense entering the Nursing home, The house is now in my name, I am the owner now and have been for about 3 years. My parent is still in a nursing home. My name and their name is on the checking account where I write a check each month for her nursing home bill. I Dont think i need to do a Executor of the Estate, sense I now own the home and my name is already on the checking account and there are No Other assets ....correct??
@angelavitulli6994
@angelavitulli6994 Жыл бұрын
Wow you made this probate process understandable 👏 and step by step informative. I live in New York State and am looking into this very same issue. Thank you 😊
@normanmayer5209
@normanmayer5209 3 жыл бұрын
I'm a volunteer here in Canada who does tax returns for lower income clients. From time to time I get a client whose spouse has died. The final return can be prepared and filed no problem. The problem arises when the refund cheque arrives made out to the estate of the deceased. Some banks will not cash it as there is invariably no will. The advice I have received from both a lawyer and a retired Canada revenue agency employee is to advise the spouse to deposit it in a bank machine as long as it accepts envelope free deposits. Unless someone contests this it will invariably go through. Perhaps not legal but usually the refund is less than the cost to have a lawyer prepare the documents to have the court appoint an administrator.
@meloniemcdowell8926
@meloniemcdowell8926 9 ай бұрын
Thank you for making this process understandable. As I am trying to do this process on my own, with a parallel drawing up the paperwork for me. I really had no clue what it is I’m doing. So this is definitely helpful. Bless you❤
@dani323
@dani323 Жыл бұрын
Thank you so much! Simple. Concise. This should be part of a marriage license package. Along with the retirement plan and divorce information. Inform decisions would make courts proceedings less scary; and less disadvantageous for the majority of the population. Thanks again!
@CalicoRegent
@CalicoRegent 3 жыл бұрын
This is completely insane. This disgustingly corrupt system needs to be removed from people’s lives.
@captainkrunch6372
@captainkrunch6372 2 жыл бұрын
It's all set up by lawyers to keep lawyers in the money, got screwed out of my mother's inheritance by step brother WTF disgraceful.
@thegreypath1777
@thegreypath1777 Жыл бұрын
You don’t know insanity until you let people do whatever with property.
@pachucotirili
@pachucotirili Жыл бұрын
Seems beurocratic and burdensome, not corrupt
@livefreedom1776
@livefreedom1776 Жыл бұрын
@@pachucotirili till you get ripped off that’s what everybody says
@lobomedina6312
@lobomedina6312 Жыл бұрын
@@thegreypath1777 Exactly. For last 10 years have been a live-in caregiver for a dear friend who passed away this Valentine's Day. Her grandkids and their friends swarmed like locusts, removing her valuables before her poor body had even been removed. The next day they brought a truck and removed her heirloom furniture and china. They are not even her legal heirs, as she has a living son who is living outside of the US, was unable to reach him. I'm beside myself with a mixture of grief and anger. Sorry for the rant.
@renesantana5731
@renesantana5731 3 жыл бұрын
Had a similar issue when my dad passed. We have not had any help from local attorneys. I could use your help and directions as my siblings and I have hit a dead end once again from recent attorney.
@kokobadazzsmith6531
@kokobadazzsmith6531 Жыл бұрын
Thank you for this, it is a huge help
@roseanneking8984
@roseanneking8984 2 жыл бұрын
Can anyone tell me what to do? My son died last year and he had a mortgage payment that I’ve been paying and my son owned nothing. I just got a certified letter from a bank that repossessed his truck 9 years ago and 9 years ago it sold at auction but they still needed $1.600.00. They are threatening me to make me pay it but there is no estate and I’m on SS and it was 9years ago so what should I do? I’ve not answered them in any way. I’m in Tennessee. I don’t own anything either except a 2004 car.
@paulthomasshepherd5156
@paulthomasshepherd5156 Жыл бұрын
Sounds like legal fees could eat up all the asserts and even put the beneficiaries in dept with the legal fees.
@fembot521
@fembot521 3 жыл бұрын
My husband died intestate in January. Life insurance policies, car, camper stocks etc. What a total mess. As a widow I am overwhelmed with the amount of work that is involved. Nothing just goes to the legal wife. I have to fight for absolutely everything. My husband was 44 and we have two small kids I have to take care of. It’s sad how legally married spouses are treated in death in Ontario Canada. My husband ensured me that I was beneficiary on everything but he lied to me...meanwhile I am the one who encouraged him to get life insurance and RRSPs. It’s so infuriating.
@HamDarly
@HamDarly 2 жыл бұрын
Am in the same boat it’s hurting been married 16 years 3 months before his death he changed everything
@Fido-vm9zi
@Fido-vm9zi 9 ай бұрын
I don't get this. I thought assets go to spouses & children.
@sherip1270
@sherip1270 2 жыл бұрын
Thank you. I really appreciate how you give us a great example case. It fit our situation perfectly.
@skywalker39100
@skywalker39100 2 жыл бұрын
Exactly what I'm going thru in Maryland, My Dad Leroy Worsley Jr died without a Will in Maryland. So I had to go to Prince George's County Registry of Wills at The Courthouse. My Youngest Half Sister did the same. Now it goes to Probate Court in Maryland. Stay tuned.
@chittalkstudio
@chittalkstudio Жыл бұрын
May I ask for a update, sorry for your loss ❤️🙏🏽
@skywalker39100
@skywalker39100 Жыл бұрын
@ChitTalk Studio Thank You. Sure, So far Prince George's County Registry of Wills, Move slow. Still waiting.
@mendoblendo321
@mendoblendo321 Жыл бұрын
Updates?
@grandmajane2593
@grandmajane2593 3 жыл бұрын
Gosh, that's a lot of work. I remember when my father died, it about 3 years before everything was settled. It was frustrating. He had a will but it was a handwritten one, so there was a problem about that. Plus his wife made herself scarce. She had to be hunted down like a dog.
@annrobertson5791
@annrobertson5791 3 жыл бұрын
What if Ike was married and all his assets were titled jointly with wife? Does she have to go to probate?
@schawnettarobinson8584
@schawnettarobinson8584 2 жыл бұрын
It’s a nightmare. Great video. Thank you so much.
@Miss.TJ516
@Miss.TJ516 6 ай бұрын
Yes it is I just started the process 😕
@schawnettarobinson8584
@schawnettarobinson8584 6 ай бұрын
@@Miss.TJ516 Please keep me updated.
@Miss.TJ516
@Miss.TJ516 6 ай бұрын
@@schawnettarobinson8584 I will my Dad passed unexpectedly he remarried in 2006! I am his only child and they have no child. I have not spoken to her since my Dad passed. I just want to know where is ashes are she is probably upset because her name isn’t on anything. Thank you for your support 💕💕
@davidrhyne7358
@davidrhyne7358 3 жыл бұрын
Love your videos! Is there anyway heirs can verify that the executor distributed everything properly? Do they have rights to see any of the documents? Thanks for all the great information
@mendoblendo321
@mendoblendo321 Жыл бұрын
This is something I've been looking for to get answered as well. Any luck?
@pipilnipaolo
@pipilnipaolo 2 жыл бұрын
Thank you for this information. Can you make a video for procedures for foreign beneficiaries and the deceased also had no will?
@78tag
@78tag 4 жыл бұрын
Lawyers, the State, and judges are all in the same cruise liner and we're all in the lifeboat hoping we can make it to shore! This was a very good description of the process and this was only if there aren't any complications with the finances, debts, investments, real estate, and or family/partnership contentions. Watch out for the lawyers!
@scottmiller4859
@scottmiller4859 3 жыл бұрын
Amen to that, my brother got an "estate" attorney or so I thought. Then my brother proceeded to tell everyone he wasn't using the lawyer except tk transfer the property to me. As everyone agreed the $10,000 home wasn't wanted by any of my brothers. Really at first they admitted to knowing my father wanted me to have it, Which he did. But they said it was unfair to do it that way because I was getting more than everyone else. Which wasn't correct. Then the estate lawyer refused to talk to me and attempted to get the home on the market without even speaking to me
@scottmiller4859
@scottmiller4859 3 жыл бұрын
Been close to 20 months. This was the simplest estate ever and law says we can only divide it evenly. I expressed my intent to buy them out and they just keep saying they dont want me to buy them out... never saying what they want
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
Going through hell right now with Brothers estate. No will no life insurance. Mom has dementia and ex wife on deed and dealing with Moms home Squtters and in NY with Covid and paying all taxes ultilities lawyer etc on both homes and live in Maryland. A nightmare
@b.g.5129
@b.g.5129 3 жыл бұрын
@@scottmiller4859 wow! They just didn't wanted you to have it. My father gifted me his 20 year car, but he didn't sign it over. He just said keep it for yourself. Would it be included in his Estate?
@lindanorris2455
@lindanorris2455 3 жыл бұрын
THE LAWYERS WHO ADMINISTERED MY FATHER' S ESTATE WAS FILLED WITH SNAKE OIL!
@walkinthepark3483
@walkinthepark3483 3 жыл бұрын
This was really great information I wish he would have touched on if Al and his siblings did not get along and all wanted to be the administrator or if they all wanted to own the property.
@diane-countryhut
@diane-countryhut 3 жыл бұрын
- in Florida - if siblings didn't get along - the eldest of the bunch is normally appointed by the court - also in Florida -- step children are included as heirs - and whomever is the appointed by the court as the representative of the estate - better have deep pockets --- cost us over 8K for attorney - court and mediator fees - of course the estate paid those funds back -- but that only comes at the end of the process or closing of the probate
@NYCisland
@NYCisland 3 жыл бұрын
There are other videos on that from other KZbinrs. The situation you describe is horrible but not uncommon. It will be very $$$$ for everyone and will likely wipe out the very estate everyone is fighting over. Only lawyers win in this situation. Each person will have to get their own lawyer and start fighting legally. It can take years. Absolutely insanity. And this is why these things need to be done when the people are alive but somehow too many think they won't die or will somehow get around to it, or some other insane idea. Or they know their kids hate each other and don't want to deal with the pain when they're alive.
@ChooseForToday
@ChooseForToday Ай бұрын
@@diane-countryhut crazy, since being the eldest doesn't necessarily mean the fairest, or most equipped, to handle such matters.
@kathy13volpe
@kathy13volpe 3 жыл бұрын
The same thing happened to us when my 95 yr. okd mom died last month, but fortunately 2 weeks after she died I found her will stuffed in a bag behind her shoe rack in the back of her closet. WHEW ! She named me as executor of her will & things went smoothly after I found the will.
@ericAlohaMoanaWaves
@ericAlohaMoanaWaves 2 жыл бұрын
wow good luck.!! i haven’t found a will for my dad…
@Burritosarebetterthantacos
@Burritosarebetterthantacos 2 ай бұрын
Worst part for me is that the attorney I got has been almost no help and his fees are already 1/4 of my Dads estate. He’s basically one of the kids. I’m a year in with no end in sight because my Dads estate was a mess and I’m afraid I’ll be legally responsible for creditors and back taxes.
@tammyellis8384
@tammyellis8384 Жыл бұрын
Me and my siblings are going through this in Nevada. My mom died last year. We have kept her payments up so far and we want to keep the home for our family. Do you know how that should go ? We keep getting different stories from lawyers and we need to know what to do. We have chosen 2 family members to be the administrator. We were told it will cost several thousand to go before the judge.
@lynnmcmillian5137
@lynnmcmillian5137 2 жыл бұрын
Thank You For Your Service
@amyc5312
@amyc5312 2 жыл бұрын
Thank you for your content! I am about to graduate becoming a funeral director so these videos really help break down the processes that I need to be familiar with!
@ofcourse7357
@ofcourse7357 2 жыл бұрын
A man in another state died 60 years ago, leaving a wife and 4 kids, 3 of them minors. There was no will. I was 8 years old, one of those kids, and I remember going with my mother to see the probate judge, a bald, pleasant man. We went more than once. When I was in my 30's, and had moved away, my mother asked me to sign a paper relinquishing my portion of my father's estate (a small house on 2 acres). The paper had to be notarized. I had always thought the property had become totally hers. But she said a small percentage of it also legally belonged to me and my 3 siblings, that's how the probate situation had worked out. She wanted to pay lower property taxes which the state allowed for senior citizens, but she couldn't do it if younger people were co-owners. This was the first I ever heard of it! She said all 4 of us had to sign an agreement. I am suspicious because of a lot of shenanigans my family has been involved in, including my now-dead mother, and I am wondering if anyone has heard of this---and why my mother did not just become the sole owner of the property after my father's death and after going through probate. Anyone have any ideas? I should add that the executor of my mother's will, 30 years after my father's death, was our oldest sibling who lived in the same state as our mother. 25 years later, I heard a rumor that she had bought the house after Mom's death and never told me. I have reason to believe it's true.
@johnd4348
@johnd4348 5 ай бұрын
you got screwed
@ofcourse7357
@ofcourse7357 5 ай бұрын
​@@johnd4348If you can elaborate, I'd appreciate it.
@carmella88
@carmella88 3 жыл бұрын
How does it work when the administrator wants to buy out the other heirs ?
@janabuchheit3389
@janabuchheit3389 2 жыл бұрын
What about the personal items and valuable collections that are in the home, where does that go? Thanks for sharing, I'm working on my will currently, there is lots of valuables within the home, do they have to be in the will?
@LaurenSoniaPrager
@LaurenSoniaPrager Жыл бұрын
Need more help. No parents, mom died without a will (intestate probate) - Want to know how long probate court takes? I am coming from Israel. So stressed. My brother doesn't have a passport to come with me so I have to set up payment plans for the bills but at least no mortgage/ liens/ or property taxes of this year. Does it matter if the death certificate is in a different language or do I need the English version? Thanks
@foxslayer321
@foxslayer321 2 жыл бұрын
Thanks again for your time
@tomchambers9787
@tomchambers9787 Жыл бұрын
My State of Virginia requires the executor to be a resident of the state of Va and live in the area. So what must I do hire a lawyer to be the Administrator or acting executor.. or must someone move into town from the family... and i suppose to use a lawyer will be an arm and a leg.. Correct
@robstranger.1
@robstranger.1 2 жыл бұрын
I will use this info. to interview attorneys for probate. Thank you!
@srolli7528
@srolli7528 2 жыл бұрын
Thank you sir for this information. It was definitely helpful.
@jayaghoorah9515
@jayaghoorah9515 Жыл бұрын
Thank you for all your videos. They are very informative.
@joesewsanker5604
@joesewsanker5604 4 ай бұрын
Thank you for being an professional!
@alij9167
@alij9167 3 ай бұрын
A question Do you know , in the case of intestacy, what is the name of the legal document ( issued by court)in which the name of the beneficiaries and their share is mentioned? Thanks a lot
@lifeisart8120
@lifeisart8120 2 жыл бұрын
Thanks for a wonderful video channel. It has been such a wonderful reference to get advice. Can I do a beneficiary of deed online to keep my house out of probate (even though my child gets all my assets), or do I need to have my attorney do it? I live in Colorado. Do I need to do separate beneficiary of deeds for each property I own even if property is in another state?
@viviancourtneychism8286
@viviancourtneychism8286 2 жыл бұрын
Can you recommend an Estate lawyer or planner in northeast Arkansas?
@yoshimra
@yoshimra 2 жыл бұрын
You didnt go too fast. I understood it as it went. Very well explained.
@mettamorph4523
@mettamorph4523 Жыл бұрын
well bully for you, you get a gold star. he did explain well. I am still beyond frustrated because I do not know when a small estate petition is allowed. if the only asset is a house, and the deceased is otherwise insolvent, can a small estate petition be used. still searching for that answer.
@kelseecantu1541
@kelseecantu1541 3 жыл бұрын
This is a great video thank you so much for making this!!😃🏡
@xyz987123abc
@xyz987123abc 3 жыл бұрын
Paul thanks for the great info. I am in Florida and as you stated all states are slightly different. Got a question as this is something I am going through for one of my elderly neighbors. He died in a car crash as a someone walking. I convinced him to see an attorney. Attorney wrote up the will but the man died before signing it hence not valid. The real mess came as the attorney he used said no will, no children, no spouse (ex or deceased - never married) no known relatives. The attorney was able to get me named curator to my neighbor's estate as he, the dead man, appointed me as his medical advocate (perhaps wrong word - explained doctor would consult me if the neighbor was in a medically questionable set of circumstances) so the judge would know the deceased man trusted me with his most valuable asset - his very life. 7 months later I am waiting for the judge to authorize payment to the funeral home so he can be removed from the freezer and laid to rest. Any input on your part? No I am not related, just a neighbor.
@dadyarusski4594
@dadyarusski4594 Жыл бұрын
Thank you so much!
@Kashikoi82
@Kashikoi82 4 жыл бұрын
This is some good info going though the process right now
@darronreed6703
@darronreed6703 3 жыл бұрын
My ex-wife remarried and pass and she never refinance the house and didn’t have a will and my name still on the lease and the new husband want refinance the house.. what can I do
@caileighgouthro1365
@caileighgouthro1365 3 жыл бұрын
Am going through something similar here too.
@DivineCreations99
@DivineCreations99 4 жыл бұрын
Ty for your time and sharing your knowledge!
@bryang9290
@bryang9290 Жыл бұрын
If we all decide to keep the house how are future decisions made? should an agreement be written up ahead of time to determine that?
@SaltyEike
@SaltyEike 2 ай бұрын
Currently in the middle of probate. Need to hire an estate cleaning crew as there is too much stuff to haul out. I never want to do this ever again and wish for it to be over.
@FisherMan-g2z
@FisherMan-g2z 2 ай бұрын
We feel your pain a Trust Litigation cost half our parents estate in Billable Litigation Hours so we'll get the NICER approved Forgery Proof Legalese Administration Lawyers and team of Allied Legal Professional Trust Guardians next time around, With NICER 837PC Citizens and Sheriffs on-call to arrest Permission Ledger exposed inheritance Hijacker's.
@pedro.zurita
@pedro.zurita 3 жыл бұрын
Thank you for making this info available. What happens when it has been over 20 years and none of this was ever done? How is a property dealt with at this point?
@SusieAspen
@SusieAspen 3 жыл бұрын
No one ever noticed the person was dead?
@pedro.zurita
@pedro.zurita 3 жыл бұрын
@@SusieAspen Well...it never really was an issue and nobody ever asked. Property was always maintained.
@SusieAspen
@SusieAspen 3 жыл бұрын
@@pedro.zurita Someone always paid the taxes?? I think you need an attorney to figure out who owns it now.
@pedro.zurita
@pedro.zurita 3 жыл бұрын
@@SusieAspen yup...taxes up to date and yard kept clean...house needs heavy repairs and pest control...yeah definitely going to have to get an attorney
@SusieAspen
@SusieAspen 3 жыл бұрын
@@pedro.zurita Check out " adverse possession". If you've kept it up for 21 years, you might be granted ownership. You have one more to go, depending on the state. Actually pretty cool work around the late probate or what ever because I was reading that all of the heirs could lose the house because the deed is then "clouded" due to not filing in a timely manner.
@GabeLambert-x8b
@GabeLambert-x8b 9 ай бұрын
Is the First And Final Account Being approved by the register of wills and orphaned court judge the Last Process before distribution?
@lorraine7049
@lorraine7049 5 ай бұрын
Does this has to be followed if there is a life insurance policy, but no beneficiaries named?
@spellru23
@spellru23 3 жыл бұрын
Thank you, this was excellent advice.
@911_TruthNow
@911_TruthNow Жыл бұрын
Paul how much different is NY ? Thank you! I am going through this now. Dan No Will two brothers and one house..
@jessicapatterson8959
@jessicapatterson8959 3 жыл бұрын
My father passed and me and my sister are his direct descendants. He didnt leave a will but i am living in his mortgage home and taking over the mortgage. Bank accounts are taken care of and closed. The only probate asset is the home and my sister is moving out and he just refinanced and started over last year. Is there a rush to probate? And through probate can creditors come after the home? Can my sister sign her half of the home over to me since im payin the mortgage and starting over?
@mary_mclaughlin
@mary_mclaughlin 3 жыл бұрын
Only an idiot would do that.
@rsoxx74
@rsoxx74 Жыл бұрын
What about a situation where my father is married and they made a new will but he passed away before the attorney filed it. Now his wife has shut us all out and has taken everything and leaving it all to her son?
@mmp495
@mmp495 Жыл бұрын
I would consult with an attorney to see what rights you have. I’m hoping for the best. 🙏🏼
@Bmywudt2
@Bmywudt2 3 жыл бұрын
You are awesome! Your videos have been helpful and thoughtful. If a person dies interstate however during the time the administrator is going through the deceased assets, IRA, trust, funds etc. What does the administrator have to do?
@NYCisland
@NYCisland 3 жыл бұрын
Intestate is the word. Dying w/o a will. I don't understand your question. The person died, the administrator is "going through the deceased assets" - means what? Do you mean the administrator spending the money? They can spend it as they want but it should be to pay bills and divided up among whoever they think the dead person would have wanted. This usually starts years of family fueds. What does the administrator do? They take on the role of the deceased person and can choose to reassign those assets to someone else, reinvest, etc.
@Bmywudt2
@Bmywudt2 3 жыл бұрын
@@NYCisland I watched your pour over Will and trust video and made sense of things. They were highly appreciated. Overall I was asking if a possible beneficiary have the rights to request to view the trusts and/or will within a trust? If a person dies and they die interstate as it is stated in the court after an heir files for administration, how can a beneficiary have access to the deceased trust especially when the administrator is not disclosing any information when questions are asked?
@lailaatallah1857
@lailaatallah1857 3 жыл бұрын
Fantastically helpful! I hope you’ll do more similar videos in the future. :-)
@cute2neko
@cute2neko 2 жыл бұрын
This is great info please make a video on how to do a will and how to assign an administrator so that if i die everything goes smoothly hopefully
@cute2neko
@cute2neko 2 жыл бұрын
I mean obviously there will be sadness and sorrow but i mean i don't want my family to go through all that paper work if it can be avoided it
@seanryan3715
@seanryan3715 Жыл бұрын
Has anyone that is a lone child and is the sole heir to the estate do the probate without a lawyer involved and was it more difficult than just dealing with a lawyer?
@michaeldeslex9834
@michaeldeslex9834 2 жыл бұрын
My brother died without a will and his wife and us siblings are the heirs since he didn't have any children. His wife filed the petition for probate and is yet to be named the administrator of the estate. The only thing is, all of us siblings live in Europe. Do we gave to show up at the court or is she going to be named the administrator regardless? We really can't travel to the US right now and we are not really at the best terms with that woman. We just want the whole process to be done and for the estate to be distributed fairly. I assume the court pleadings can be handled via mail?
@JamesKim-ob9qt
@JamesKim-ob9qt 10 күн бұрын
I'm writing to you because I'm in a situation similar to the one you described in your video about probate without a will. My daughter was an international student studying on an F-1 visa in the US (CUNY phd student). Unfortunately, due to a sudden illness, she had to return to Korea for treatment and passed away. She didn't leave a will, and the only asset she had was a small bank account(savings account) balance of approximately $5,050 of chase bank. I'm wondering if it's possible to transfer this small amount from her US bank account to my ( or her) bank account in Korea. Could you please advise me on the process and necessary documents? Thank you for your time and expertise. jh kim / south korea.
@marialara2329
@marialara2329 9 ай бұрын
I’m in similar situation. My question s is one of the siblings has been apart from the family for more than 20 years, do they still have rights to anything, will the court try to get in touch with them? Will the process be delayed because of it? Should I just hire a lawyer to do all this paperwork and let them take care of it?
@shoreseniorliving
@shoreseniorliving 3 жыл бұрын
Hey Paul.. Do you have access to Death Index records for PRE-Probate data (w/ property data verified and skip traced already)?
@Mary-kq9oq
@Mary-kq9oq 3 жыл бұрын
Is it legal for the deceased children to use the father's credit card?? I think it mentioned in this video It sounds like a huge No,No
@nanali7245
@nanali7245 3 жыл бұрын
Yes it’s very illegal. Sorry. I’m so glad I didn’t use my mom’s Discover credit card or I’d be sitting in prison right now
@borostergirl60
@borostergirl60 Жыл бұрын
I wish you could tell me about NC. My father signed over all 10 acres to my brother. My father also died intestate. Now my brother wants me to sign a quitclaim deed..if he was deed over the land, why does he need me to sign a quitclaim deed?
@lolaepinoza4074
@lolaepinoza4074 Жыл бұрын
I'm going through this now. My father died October 15th my sister moved in to help take care of him 4 months before he died he has no will nothing. What happens next they've signed car titles of mine and sold stuff they've used my insurance they're sneakies slimy people I need to know what I need to do to protect myself
@kuweebohuvu5158
@kuweebohuvu5158 2 жыл бұрын
so I grew up in the house my grandparents had a mortgage own I am not kin to them but they took me in as their own doi have a right or the house or probate is only for children of kin?
@santiago4744
@santiago4744 2 жыл бұрын
What to do when you cannot get paperwork from the county the house us in they have no packets for diy like all the other counties across U.S. please advise.
@sinebar
@sinebar 2 жыл бұрын
Can you make will leaving nothing to anyone?
@IAmMintakan
@IAmMintakan Ай бұрын
What if your corrupt family never filed with probate? My uncle/God father died way back in May. My aunt is lying, saying she can't find his will. My uncle did not die suddenly and worked in accounting and finance and was very successful in life. There is no way he didn't have a will drawn up with an attorney! Is there a time frame that one must start the process after one dies? It's like she is intentionally delaying distributing assets and property.
@NickHill-i8p
@NickHill-i8p 14 күн бұрын
Did he have a specific attorney he used for business? I'd ask them if they know of a will.
@1koolies
@1koolies 3 жыл бұрын
Thank you for your help.
@Itmee1974
@Itmee1974 3 жыл бұрын
How about my dad died he had an account but its not joined account my mom trying to get the money she could not get it
@manuelchavez3431
@manuelchavez3431 Жыл бұрын
What a way to do this,my mom died 3 months ago,left a bunch of money in the bank,I don't know what to do
@Miss.TJ516
@Miss.TJ516 6 ай бұрын
Was she married?
@jyllian92
@jyllian92 5 ай бұрын
Probate court is a very good thing if you have no access to the funds
@jyllian92
@jyllian92 5 ай бұрын
Also depends on what your situation is? If you have no living spouse or family member to decide on who is a good fit for an administrator for your estate.
@moniquelawhorne5447
@moniquelawhorne5447 3 жыл бұрын
It’s 13:32 -for me thank you 🙏
@scottmiller4859
@scottmiller4859 3 жыл бұрын
Still trying to settle my fathers estate. No will and my brothers acted like everything was fine. And my old we st brother went to a lawyer to have me removed as administrator without my knowledge. I did every step of the estate so far and he is co admin and refused to deal with the estate. 19 months later im still waiting for them. And his lawyer officially stated he will not speak to me. So he acts as though he has no idea whats going on because i dont speak to him. I swore that lawyers had ethic they were required to follow. But this has been a nightmare
@fastertoday2
@fastertoday2 3 жыл бұрын
Can I enter into a Sale and Purchase contract with the other beneficiaries to buy out the house at a future date before the estate is formed?
@jcamellion
@jcamellion 2 жыл бұрын
Mom and dad own a house as joint tenancy in CA. Dad passed away a few years before mom passed away. Dad's name was not remove from the title when mom was still alive. No will. Does the probate need to be done twice- one for mom and another for dad? Can you pls explain the probate process in this particular scenario? I read that you can probate a decedent's property ONLY if it is solely under their name-in my case mom. Thanks.
@GodisBlackx
@GodisBlackx Жыл бұрын
What happens if the person doesn't have a will and doesn't have any children and wants to leave everything to a friend that's been taking care of them? My father's friend doesn't have a will and she recently voiced that she wants him to have her house and assets after she leaves. He doesn't know how to proceed with her because he stated that her memory isn't what it used to be and he doesn't want to take advantage of her if she's not in her right mind. He said that he's the only person she trusts because she has no family, but he doesn't want to run into a situation where someone from deep in her family pops up out of nowhere trying to claim what she gave to him. This is all very confusing.
@tiffanyshaheed5085
@tiffanyshaheed5085 2 жыл бұрын
I have a home that I believe my uncle and I were able to keep legally through probate. The problem is, the house is still in my grandmother's name which is my uncle's mother. If I were to take out a loan on the home would it be feasible? Or does the house need to be in his and my name?
@jlr1176
@jlr1176 9 ай бұрын
I know I’m late, but I have a question. I’m in the state of Florida, so I know there’s some differences. Nonetheless, you were very informative, so I’m going for it. I’m wondering if no one was appointed authority over the remaining assets of the deceased, and there are two siblings, how would the check be issued, once the estate sale has been completed? 2 wks shy of 1 year, to be exact. Would one sibling receive the entire amount, and then have to divide it with the sibling or, would both siblings be issued a separate check? Like was the case with the IRA fund. That was divided equally, and issued separately. My brain says the latter, but I’m being told something else, by a sibling. Any input is helpful.
@JJCoop231
@JJCoop231 2 жыл бұрын
I had lost my ex husband in June 2022. We have 3 children, my oldest is 18yrs old but the others are still minors. He had no will though he leaves behind property and home. Can we do a no administration needed on this? This would be the only asset for the estate. Thank you for your time
@smoothj3609
@smoothj3609 Жыл бұрын
Hi Paul are you located in Louisiana? If so what part?
@LeppieLaddie
@LeppieLaddie 3 жыл бұрын
Very helpful video. I want to tell people now too, please make a will before you die and get the house in your kids names. Don't put it off. It is the biggest mess in the world if you don't get it all set up. My mother left me in the biggest legal mess of my life. I am still fighting almost a year later. So please put your kids names on the house deed, don't wait until it's too late. Probate is hell, especially the Creditors. They are heartless people who will come after you when you are in the worst state of mind after a loss.
@mary_mclaughlin
@mary_mclaughlin 3 жыл бұрын
Never put your children on the deed!!!! Talk to a lawyer about creating an estate plan and trusts!
@LeppieLaddie
@LeppieLaddie 3 жыл бұрын
@@mary_mclaughlin Well in my mom's case she died with the house in her name. No life insurance set up. If she had put my name on the deed it would've been so much easier. She also had no will set up. It was the biggest @$#! mess you could imagine. I had to go through hell just to get the house. Lawyers weren't much help either. I did 95% of the legal work.
@mary_mclaughlin
@mary_mclaughlin 3 жыл бұрын
@@LeppieLaddie my statement was directed toward the general public who may read your comment where you advise parents to add a child on the deed. It's not smart, generally speaking, because that child can do bad things to get the house taken. Yes, of course, in some cases, it would be helpful.
@LeppieLaddie
@LeppieLaddie 3 жыл бұрын
@@mary_mclaughlin In my case it would've saved me a lot of grief. I am still going through probate. They are taking their sweet time and claiming Covid is delaying closing it. People are useless these days. Pure lazy!
@lilyblu4577
@lilyblu4577 2 жыл бұрын
That's thing how do I find out what my mama had without having to pay a lawyer? Is there a way I could look it up?
@lmgchi2845
@lmgchi2845 2 жыл бұрын
What if there a will but no one can find it does it come forth when things go into probate or how do you think you should find it
@christineames3811
@christineames3811 2 жыл бұрын
the owner of the house died owing the roommate/in home care giver money stating his estate would pay her. she's put all her hours together to prove her time worked for him. The guy always requested ihss service which would have paid her , but she found out he never mailed them into the ihss office .Would she be able to put a lien on the house , which she still lives in ? and she's been there for 14 years taking care of his wife and him , they both passed away years apart . what steps does she have to do to stay in the home ?
@chronicles661
@chronicles661 7 ай бұрын
I have a question for you my grandfather passed away. He was living with somebody for 25 years they’re not married. he had property he had Ira he has cars everything under his name we cannot find a wheel. He has a daughter and a son can his girlfriend live with him is she able to sell his cars even though they’re under his name and he’s no longer living
@aleagonzales
@aleagonzales 4 жыл бұрын
My father has some credit card debt. Me and siblings want to keep the house (it was our grandparents) will we need to pay those debts for him?
@lynnharrell9598
@lynnharrell9598 3 жыл бұрын
The administrator of the estate will have to post a notice in the local newspaper informing creditors that they must appear in court and/or file a claim on the debt owed. If they fail to make a claim within the time allowed, they may be barred against asking a claim later. If they file in the time allowed, the estate has to pay them them amount of the debt, if they don’t file in the time allowed, then no payment will be required by the estate.
@caileighgouthro1365
@caileighgouthro1365 3 жыл бұрын
Possibly.
@NYCisland
@NYCisland 3 жыл бұрын
@@caileighgouthro1365 Not true. Only the estate of the dead person owns the debt. Unless you are also on that person's loans or credit cards, you do not legally own that debt. If their estate can't pay it off, the creditor will eventually write off the debt after having proof of their death and that the estate has no funds to pay. It takes time to get it done.
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