Legal Question: My partner's mom died leaving him everything in her will

[Rowdyboy]

Her cd's and bank account are in both names, while her home is only in hers. He is her only heir, and she named him as executor.

What do we do now? Do we need a lawyer? Do we have to go through probate? Neither of us has had to do that before so we don't really know where to start. Any suggestions?

on edit: Thanks to all the advice her, I've located a list of probate lawyers in her home town and we'll be moving forward tomorrow. Thank you all for both your expertise and your kind thoughts....

[GreenPartyVoter]

1. I don't have any advice but want to wish you guys a smooth sorting out

of all this stuff. :hug:

[Rowdyboy]

11. Thank you, thats really kind.....

She was 86 and in horrible health, so it wasn't unexpected but still, anytime a parent is lost, its major.

[xchrom]

2. yes to all of those.

while the cd's and bank accounts will be less problematic than the house - you will still need a lawyer to see everything clean.

the house will probably have to go through probate -- i think.

i went through some of this when my partner died -- but our house was in both our names -- so no worries.

[xchrom]

5. and my condolences too, btw.

[Rowdyboy]

13. Thanks!

[Maat]

3. Yes, in my humble opinion, you do need to see a lawyer.

You can certainly negotiate the fee.

It takes a lawyer, a legal specialist, to patiently explain these things.

I'm sorry to hear about your loss; good wishes in getting through this period of your life.

[Rowdyboy]

18. I literally had no idea where to start....

Now I do. Thanks!

[OldLeftieLawyer]

4. Find yourself a good probate lawyer

Call the local Bar Association Referral Service where your partner's mother lived, tell them what you posted here, that you need an experienced probate attorney, get a list of names, find one you like - you might have to meet more than one before you're comfortable with the lawyer - and good luck to you both.

[Nickster]

7. If I'm not mistaken, you should be able to meet with the lawyer for

a free consulation. Last time I needed one I went the path of the local Bar and got some names, gave them all a call and got some initial thoughts from them for free. It was well worth the call.

[Rowdyboy]

28. I lived in the area for years....I may actually know someone....

[Nickster]

32. Well, even better!:-)

[Rowdyboy]

16. What more could I ask but the advice of

OldLeftieLawyer! Thanks. We'll do that this week.

[OldLeftieLawyer]

22. You're very welcome, but

would you mind kissing my ring on the way out?

Listen, kid - make sure you like the attorney you finally decide to retain. I mean, the deep-in-your-gut kind of "like," and make sure you keep in mind - this is SO important - that the lawyer is working FOR YOU.

The lawyer you retain is your employee, and don't you forget it, ever.

Would I be pushing it if I asked you also to kiss the hem of my ermine-trimmed bathrobe?

;)

[Rowdyboy]

27. It would be my pleasure.....

Actually, I'd do that without the free advice! :evilgrin:

[Divernan]

45. I respectfully disagree w/ OldLeftieLawyer -watchout forMy Cousin Vinny

I'm a lawyer too - not a probate lawyer. I steer everyone away from MY local bar association's lawyer referral(Allegheny County/Pittsburgh) service because any bar association(BA) member can place his/her name on the list with NO screening by the BA. As long as you have a state license and pay your annual BA dues, you can claim to be a specialist in ANY area of law. It's not like medicine where you can screen for Board Certified specialists. If you don't believe me, just look at the yellow pages where you'll see individual lawyers advertising he or she will represent you in every area from from criminal law to marital law to business contracts to personal injury to professional malpractise to workmen's comp. We have far too many attys. floating around, and many of them are solo practising out of Mom's family room, because they couldn't get hired by a firm or govt. agency. They can barely find their way into the courthouse and they make a lot of mistakes. Think of My Cousin Vinny. A lot of them don't carry attorney malpractise insurance either. It's called going bare.

The result is, as far as the local BA goes, it is the scrambling to take any case they can get their hands on attys. who are listed with the BA, and the BA refers callers to attys strictly in the order the name comes up on the list. None of the attys. with mid-size or large firms are listed there. MY suggestion would be to talk to the head offices of your local banks - they should have trust departments with their own attys. Ask them to give you the names of three local attys. they have dealt with re estates and trusts.

And someone else on this thread mentioned they paid "one third" to the attorney who handled the estate. That is truly outrageous. In a simple case like yours, it should take less than 8 hours total, and a lot of that work may be done by a paralegal. So compare paying maybe $200-$300 per hour fee to a true, very experienced specialist, versus paying some inexperienced generalist 1/3 the value of your partner's mother's home.

So get some names from a bank - hell - go to three banks, and if you get the same names from 2 or more, put those names at the top of your list. Make appts. Start out by asking what their hourly fee is,and how much time they estimate it should take to handle this mattetr. Get three estimates, and pick one atty. In your contract with the attorney, make sure they promise a detailed accounting of every 1/6 hour of their time.

Finally, not all joint bank accounts are set up with right of survivorship. Talk to the bankers where the accounts were held. And probate laws vary from state to state, so don't rely on the experiences of your DU members.

[OldLeftieLawyer]

49. If you're not in my state,

that's very good advice, regarding finding a probate attorney.

Our Bar Association doesn't work that way. There are stringent requirements that must be met before any practitioner can claim expertise in any area.

That said, yeah, ask the bank folks. Either you'll get their old war horse, who's been with them forever, or you'll get someone legitimately experienced.

That notion of paying 1/3 seemed odd to me, too. But, in some states, I have heard of administrators in intestate matters pulling down some serious fees - statutorily.

As I said, make sure you like the lawyer. That's very important.

[Rowdyboy]

55. Thank you so much....

His family has lived in that area (about 3 hours from where he and I live) for decades. I've compiled a list of about a dozen lawyers handling probate in that city and even read some impressive educational biographies. Surely, his uncle will be able to recommend at least one of these people or, if nothing else, warn us away from a couple.

I mainly needed to be told to get off my ass and find a good lawyer. Well, my better half just called his uncle, so we'll see how it goes.

And thank you for your advice. I really can't imagine how there would be any serious problem or difficulty with the estate. There are no debts, no property other than the house/lot, just several cd's and a checking account. Total value maybe 150K. I can see no reason to pay ANYONE 1/3 of that for what should be routine paperwork so we'll be CERTAIN that we're in agreement before any commitments are made with lawyers.

Thanks again. This is a first for us, and we're going to take it very slowly and carefully so we don't screw up.

[burrowowl]

64. If she left a proper will

is probate necessary?

[Sydnie]

6. contact your state's probate office

They should be able to tell you what you will need to do to probate the will. You might want to contact a lawyer as well. Even though there probably won't be anyone to contest the will, there is much paperwork and final arrangements to deal with, such as deed switch and final taxes.


So sorry to hear of your loss.

[Rowdyboy]

38. Found an internet list of probate lawyers from her home town....

One graduated from my alma mater so we may already be onto someone.

[graywarrior]

8. I was executor to my parents estate. I got a lawyer.

He directed me. I think I paid him a third, but I'm not sure. Get a free consultation to find out what it will cost. You may be able to get help with a legal aid organization.

[Rowdyboy]

39. We're going the lawyer route.....

Its just too easy.

[jimquilty]

9. let me start by saying

that, while I am an atty, I do not handle probate cases and the answer may vary depending on what state you live in as the laws vary from state on these issues. That being said, given that your partner is listed on the CD and bank account, he should not need to probate those assests as he is a "joint owner" and becomes a sole owner by virtue of survivorship. The house and any related debt to it, however, may likely need to go through probate to get title changed and deal with any mortgage. Sorry for your loss and hope this helps somewhat.

[David Dunham]

10. I am a lawyer. You need to get a good probate lawyer.

[Rowdyboy]

20. I can't believe all the responses from those in the legal field....

You all are incredible

[blm]

12. Should be simple through a probate lawyer.

Peace to you both during this time.

[Rowdyboy]

40. Thanks for your good wishes....

[Habibi]

14. Yes, you need a lawyer

(My condolences to your partner and you.)

My mom died a couple of years ago, leaving my sister as executor. The lawyer had to put a notice in the paper notifying possible creditors of her passing so that they could make claims against her estate, if any. I think we had to wait 3 months before her assets could be distributed. We were not to pay *any* of her outstanding bills on our own--that was for "the estate" to do.

Good luck!

[AngryAmish]

15. Legal advice is like getting medical advice on a message board

Both are terrible ideas. Take whatever you hear here with HUGE blocks of salt.

That said - get a lawyer. I have no idea what state you are in, if they have independent administration, etc. I'm an attorney and it was a pain in the ass to do my father's estate. Paying the money is worth it. Also, negotiate on fees up front.

You may or may not have to go through probate. There may or may not be estate taxes. If the only asset is the house then selling it should be easy. But I'm not an expert. Take everything I say and everything else you hear with the above-mentioned quantities of salt.

[Rowdyboy]

23. Much appreciated.....When so much advice points to the same answer,

I guess we really do need a lawyer. Thanks.

[Ilsa]

17. Hugs and Condolences to you and your partner in your time of

loss. She must have hung on tight to make it through the holidays (or some of them). I wish you both luck in getting the will probated.
Peace.

[Rowdyboy]

42. She died on the Monday after Thanksgiving......

And she was lucid and relatively pain free at the end. There was little more we could hope for.

[phylla]

19. actually I was a sole heir- no other siblings etc. then

at least in my state and my personal experience with the same situation, just a list of heirs was filed and everything automatically went to me (goes to him.)
I am not a lawyer, but this happened to me. No will filed, filed list of heirs- all went to me no problem, no probate, no nothing.

[Rowdyboy]

24. Hope ours is that simple!

[SoCalDem]

21. It depends on the state she died in, but probably yes to all ..

A lawyer should not really cost all that much..Find one that practices probate and or realeastate law. The one who drew up the will is not the best choice.

Offer to make all the photocopies yourself.. That one thing could have saved me hundreds of dollars:(

Sorry for your loss, and I hope you two get through this smoothly. No other heirs should make it pretty cut and dried.

[SoCalDem]

36. One more thing...

Make sure he buys extra death certificates. EVERYONE seems to want one,and it's a pain to have to go get more.

[Rowdyboy]

37. They gave him two copies at the funeral home.....

Hope that is all we'll need.

[SoCalDem]

43. SS will want one, the bank will want one, the insurance people

will want one..and the lawyer will have to file one with the state too..When my father died, I had to get 8 copies

[Rowdyboy]

47. You might know they'd make it as difficult as possible....

[dsc]

53. you will need a bunch of them

It is much easier to get them all at once. My mom died a bit over a year ago and we went through a dozen certificates like nothing. You need them for insurance, SS, credit cards if they have insurance, some creditors, and others. On edit. Another good place to find an attorney might be through the funeral home. If the director is experienced at all he or she should know an attorney or two.

[Rowdyboy]

56. Thanks, man....My guy is currently on the phone to his uncle....

checking the lawyer names I found on-line with his uncle in Columbus..`.

[karlrschneider]

25. A probate attorney can make this easy and problem free and won't cost

much. I strongly suggest getting legal counsel, if everything is as you say it shouldn't be any problem. Condolences to you.
(No, I'm not a lawyer but I will someday face a similar situation)

[Rowdyboy]

44. Thanks....I don't think we'll have much trouble...I'm just glad that now

I know what to do next.

[karlrschneider]

54. Sure, good luck. I'm betting it will work out easy and okay for you.

:D

[notadmblnd]

26. if he is named executor, then is their anything that you need to do?

or are you trying to stop him from carrying out her will? I'm just wondering because I'm the executor named in my parents wills if something occurs to both of them together. If one survives the other, then I will have nothing to do with the estate. Let me know how it works out for you.

[tenshi816]

29. Mine was a similar situation to your partner's.

I was my mother's only heir and also the executor of her will, plus I had power of attorney. When it came time to settle her estate, I took care of everything without a lawyer, other than having to have some documents notarized and also when we closed out the sale of her house. Everything else was very straightforward.

Yes, you'll have to go through probate but for an uncomplicated estate you don't necessarily need a probate lawyer. You do need time and patience. My mother died in Georgia and the people at the local probate office in the county where she died gave me very clear instructions of what I needed to do. I found the people I dealt with regarding her pension and insurance policies very helpful as well.

My advice would be to visit the local probate office to see what the procedure is where you live. Once you talk to them first, you'll be better equipped to decide whether you need a lawyer.

Edited for clarity.

[flvegan]

30. Probate still needs Administration. Hire a lawyer.

[cornermouse]

31. Get a lawyer.

That way there are no mistakes, oversights, or legal errors that might come back to haunt you later.

[izzie]

33. Wills do have to go to probate.

If you get a lawyer they will take a fee. I think you could make a deal with the lawyer not to take a percent but a fee. A percent is what the ex. gets. But I think it usually goes how the will writer wants. If there is a lot of money it can be long or it was in my family. NH is not set up like Maine which is like Mass so I would say each state is a little different. Grandchildren had no trouble in NH when their father died and it was a lot of money, but when my father died the Feds. finally told the lawyer to shut up the case as they had kept it open to long. 3 years.

[Rowdyboy]

34. UPDATE: I've located a list of probate lawyers in her home town

and we're going to contact one tomorrow.

You guys are incredible! Thanks for the help!

[Divernan]

48. Contact THREE, not ONE!

Given the surplus of lawyers (of which I am one) out there, you can negotiate your fee. It's just like buying a car; you let the dealer know you're looking around for the best deal.

[Rowdyboy]

57. We've got a starting place now....one name his aunt highly recommended

for having handled a similarly sized estate inexpensively.

[Maat]

35. One more thing, Dear Rowdyboy.

There is a reason probate/will/trust attorneys pay the highest malpractice/liability insurance in the business; it is complicated, and people get angry and vicious when things don't 'go down' the right way.

So, I agree with Old Lefty Lawyer, get one and make sure your gut tells you that you are doing the right thing before you sign any dotted lines.

[OldLeftieLawyer]

50. Ah, you've got such a

brilliant, brilliant future, kid.

People never consider the tax implications - which, not being a probate specialist, I cringe from. The implications are staggering, and clients really don't understand how tricky it all can be.

May I kiss your ring, my dear?

;)

[Maat]

69. May I kiss YOUR ring, Oh Learned One!

I grovel at your pretty shoes.

:rofl:

I wouldn't want to bore you with my family story ... they have messed things up REALLY badly. Trust not kept up properly, Pure Evil coming and getting power-of-attorney and the position as trustee, yada ... yada .. yada.

Yes, I should get involved, but I have chosen to ignore the whole three-ring circus; I guess one day I will have to insist on knowing what is going on. But not right now. I have enough on my mind. It is just not a good idea for me to be in the Evil One's presence right now.

[Rowdyboy]

65. We now have a solid recommendation from his aunt who has dealt

with the lawyer in question in a similar situation. She said he was very attentive and reasonable.

Its a place to start and we're on the way now thanks to you guys...

[Maat]

68. Great! Again, healing energy headed your way!

[Jersey Devil]

41. Probate for the house but not for the bank account

A bank account in joint names passes to the survivor by operation of law and generally all you have to do is supply the bank with a death certificate before the funds are released to the survivor, assuming you are in a state where there is no state inheritance tax between parent and child. If your state (or rather, the state where your partner's mom lived) does have inheritance taxes you may have to pay them before the money can be released.

The Will must be probated and Letters Testamentary issued to the Executor before the house can be sold or transferred. Since this estate includes real estate that you will need a lawyer for anyway if you are going to sell or transfer it, go see a lawyer now. I think this is a bit too complicated to handle on your own. Contrary to the other opinions in this string, you do not need a probate specialist. This is a relatively simple estate and most general practitioners could handle it quickly and efficiently for you.

[ultraist]

46. Sorry for your loss.

And I agree with those who said get an attorney, it's a worthwhile investment. It may cost up front, but could end up saving you in the end.

This has been the case for situations we've used attorneys for. Lots of nifty tricks out there regarding taxes and such that most of us are not aware of. Additionally, if you miss something, you may get stuck with late fees.

[bigwillq]

51. So sorry for your loss.

Please send my thoughts and love to your partner. :hug:

I don't have any advice in the legal matters. I'm not really familiar with how all of that stuff works but all the best to you two during this difficult time. :hug:

[Rowdyboy]

59. He's reading this himself, so he'll read your words....

I tell him who you are. Thanks more than you know.

[Nikki Stone 1]

52. Question: If the CDs and bank accts are in BOTH names, shouldn't

the heir have access to everything in the account? Or does he only have access to half?

[Rowdyboy]

61. I guess thats why they say to get a lawyer....

:shrug: Even dying is expensive now days

[Cleita]

66. If it's Jt. tenancy, each tenant wholly owns the asset, so

when one dies, the asset belongs wholly to the surviving tenant. They still make you cough up a certified copy of the death certificate anyway, before you can change the title to a single ownership.

[Mutley]

58. I have no idea, and it looks like you have the info you need...

but I'll say I'm sorry for you and your partner's loss, and I hope you can get everything sorted out. :hug:

[Rowdyboy]

62. Thanks....

[Cleita]

60. You don't have to go through probate unless there is a chance

that other heirs might try to cut in. Usually, you can get assets transferred with a certified copy of the will and the death certificate.

Probate can reduce an estate with the fees and lawyers will reduce it even more. I have made out my will leaving everything to my stepdaughter and son-in-law, but I also named them as beneficiaries on as many assets as I could.

I told her since there aren't any other heirs, not to probate. My will is just a backup document in case some of the asset holders give her a hard time.

Also, make sure you pay all her outstanding bills. This keeps the wolves out of the process.

[FreedomAngel82]

63. I'm sorry for the loss

:( :hug:

[maveric]

67. I just went through this.

You will need a lawyer, They usually dont charge much for probate, which is required if property and investments, along with creditors are involved.
Your partner will need to be "appointed" in probate court. That will take a month or two so get that going ASAP.