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Do you have a Will and or Trust?

Tanko

Tanko

Joined
Oct 27, 2021
Messages
57,111
Elaborate more on probate , I know that is where I am going to end up in the future.
Probate rules vary by state.

You need to talk to your father and make sure he's designated as many accounts as possible to beneficiaries. Those accounts won't go to probate if beneficiaries are named.

Anything (accounts without designated beneficiaries or property) going through probate judge will result in:
1. More court costs.
2. Higher attorney's fees.
since both are paid based on a % of the estate in probate.

Probate can be clean and simple if there is a will dividing assests and no one challenges it. Make sure the will has been filed with a lawyer ahead of time (makes it harder to challenge) and not just with "someone" named in the will is a huge plus.

The easiest path you can hope for:
  • A lawyer draws up the probate paperwork
  • He submits notices usually in the newspapers asking for any debtors to step forward. They have X amount of time to make a claim (varies by state). If no one challeges the will or makes a claim against the estate, its easy.
  • Judge signs off and your done.
This varies by state but can take as little as 3-6 months (assuming no challenges and all debts are addressed). We didn't have to go to court since no one made challenges and no debts showed up. It was all handled via paperwork shuffling through our lawyer.

Problems can occur when there is more than one will (older will pops up) and/or the mental state of the deceased when the will was written is challenged. That's why having a lawyer write up and hold a copy of the will is important. They make sure its a "clean" will.
 

MinnesotaFats

MinnesotaFats

Joined
Nov 1, 2021
Messages
5,971
Elaborate more on probate , I know that is where I am going to end up in the future.
Probate is public, and allows people to openly vie for the job of "executor" or "personal representative" of the estate. It becomes a contest of who's willing to spend more, because if you any assets, control of those assets, and interpretation of the will, is at the luxury of the Rep, usually in an unsupervised manner. Regardless of whether you appoint a rep in your will, it still goes before the court.

A trust avoids a public probate and the assets follow the legal and tax laws associated with the transfer upon death. There is a trustee YOU appoint.
 

flyingillini

flyingillini

Joined
Jul 25, 2022
Messages
24,720
Probate is public, and allows people to openly vie for the job of "executor" or "personal representative" of the estate. It becomes a contest of who's willing to spend more, because if you any assets, control of those assets, and interpretation of the will, is at the luxury of the Rep, usually in an unsupervised manner. Regardless of whether you appoint a rep in your will, it still goes before the court.

A trust avoids a public probate and the assets follow the legal and tax laws associated with the transfer upon death. There is a trustee YOU appoint.
I am the Power of attorney and a co trustee along with my brother, we share each title
 

MinnesotaFats

MinnesotaFats

Joined
Nov 1, 2021
Messages
5,971
How’d you make out ?
I won it all, but sadly, that is what my father's will dictated all along. My mother stole my sister's share, and then my sister killed herself because of it.

My mother is the world's worst human, a true cunt. She tried to gain the job of PR in dad's case, and again for my sister's estate even though she owed the estates hundreds of thousands. Judge awarded her the right and she stole title to sister's home despite mortgage, she wound up having to post a bond and faced criminal charges thereafter.
 

BMR Genie

BMR Genie

Joined
Jun 16, 2016
Messages
43,039
I won it all, but sadly, that is what my father's will dictated all along. My mother stole my sister's share, and then my sister killed herself because of it.

My mother is the world's worst human, a true cunt.
She tried to gain the job of PR in dad's case, and again for my sister's estate even though she owed the estates hundreds of thousands. Judge awarded her the right and she stole title to sister's home despite mortgage, she wound up having to post a bond and faced criminal charges thereafter.
Dam Minny.. so sorry to hear this. Now, I slowly understand your responses to women. But where is your mom now?
 

Tanko

Tanko

Joined
Oct 27, 2021
Messages
57,111
I won it all, but sadly, that is what my father's will dictated all along. My mother stole my sister's share, and then my sister killed herself because of it.

My mother is the world's worst human, a true cunt. She tried to gain the job of PR in dad's case, and again for my sister's estate even though she owed the estates hundreds of thousands. Judge awarded her the right and she stole title to sister's home despite mortgage, she wound up having to post a bond and faced criminal charges thereafter.
Guy, that’s some messed up stuff.
Sorry to see this.
 
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