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.
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.
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😢 RU-vid is my go too.
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!
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.
@@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!
@@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.
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!
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
@@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.
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!
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!
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 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
@@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.
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
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.
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.
@@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??
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.
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.
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.
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
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.
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!
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 😊
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.
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 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
@@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.
What if the administrator is the same person who drained our mom’s bank account and can’t be trusted? Is there someone overseeing the administrator to make sure he doesn’t take all the money from the other heirs?
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.
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.
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.
Why are lawyers able to collect debt from there dead client ..a person I know is still fighting for properties even though the people she was fighting has passed away the person is fighting a lawyer for the properties and the judge is agreeing with the dead clients lawyer ..why is it legal for a lawyer to get so much money even though his clients are dead..
There's some really good forms online for your state. There is also will software that works out nicely. Depending on your state, you may even be able to do a will in your own handwriting.
Go to Office Depot and purchase the will CD. Load it, type in the underline information and print it. Have it notarized with witnesses and put it in your safe.
Yes please do a will. My brother passed suddenly with no will in NY and I am going through hell and live in Maryland paying endless bills taxes on 2 houses in NY and house in Maryland. It is hell. Can't even grieve much running back and forth dealing with endless sh t. No end in sight. Plus Mom in nursing home in NY with dementia. Thank God she has no idea my brother passed and what is happening with her home etc. Th
I wish I would of listened to your info 1 1/2 ago I would of informed all the beneficiaries everything you said Now the representative is wrongdoing everything there are two estates he was appointed by the court all the siblings trusted him and now he is holding the money that it’s to be distributed by him excuses after excuses the latest one is he’s not able to distribute the money because the lawyer is adjusting taxes on everyone’s share of money
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.
- 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
There are other videos on that from other RU-vidrs. 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.
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?
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.
It should never have to be put through all this garbage. The cornermen shouldn’t have a right to tell or do anything give it to the next of Ken and move on
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
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.
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
My uncle who was like a father to me passed away three years ago...however, his wife is still living. I remember them asking me for my Social Security many years ago stating that I would be in their will. I recently went to go visit my uncle's wife I believe I am not in the will anymore because it seems as though her brother has taken over and everything will be left to him! I have always been in my uncle's life! I have never met any of her family except for her brother 2 times within 45 years. I just don't know how to go about knowing and I did not ask her if I was in the will... I just would never ask that question to anyone! I was very close to my uncle and I had to kiss his wife's ass to be close to him because she is a very jealous and controlling woman! Keep in mind that I would always go visit them and speak with them at least once a week. Thank you so much it's hard for me to articulate what I'm feeling.
He didn't do his estate correctly and left it to be manipulated so there is nothing, at this point, that you can do other than call her once a month and ask her how she's doing...Paul has documented in other videos how to prevent this from happening.
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.
My friend died with no kin listed. I was the medical poa. I signed for his cremation etc. He told me all affairs were handled but morning we found him, he’d left keys to bank security box on the table. I was shocked. I Have to go through probate to get into it. A woman has come out claiming to be his daughter. He took a dna test and she’d refused to take it. As far as I know, it’s very questionable if she is kin but he may be on her birth certificate. Will that be enough for her to inherit what he had? He’d already donated all he had. I can’t imagine much is left for her to fight for. He’d cut all ties with her when she refused the test, two years before he died.
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
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
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.
I am thoroughly discussed with the legal system with the it has to be the original will not a copy, usually the person holding the original will is the person that dies. My mother preceded my step father in death my step father just passed in Florida and my step brother has acces to the property as he lives there says there is no will. He probably destroyed it. Now I will have to come up with 10,000 dollars to hire a lawyer that I can't afford to get the copy admitted into probate I have affidavit from the notary that signed the original will. WTF, this is set up to make lawyers money and screw over the public. Now I'm not gonna recieve my mother's inherentance.
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!
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
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
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
@@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?
We're waiting for the forgery proof Legalese Administration Lawyers and team of Allied Legal Professional Trust Guardians to defend us when we're vulnerable and Grantees Legacies.
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.
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?
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?
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 ?
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.
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❤
One thing you can do is contact the insurance commissioner in your state and request that they do a search for any active life insurance policies. If there is a policy request the name of the agent/broker on file and have them request a copy of it or let them know by phone who the beneficiaries are
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.
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?
My husband died Aug. 1st, 2021 but he said that I gave everything to me but died without signing a will. What' s gonna happen now? I don' t have kids but he has a son 41 yrs old, a 100% veteran and a adopted daughter who is 51. All her kisa have their own houses. I want to know what is the NC LAW govern in this situation. I live in California for the mean time and be hack soon in Eden, NC. THANK YOU!
My mom died without a will but owned her home 100% no mortgage. Its my brother and I now, out sister passwd away as well. My brother hired a local lawyer but hasnt told me who it is or anything really. He has got the deed to moms home and shes the only one on the deed. I consulted a lawyer for advice and my brother got so angry and its been hell since. Im actually worrried now about my brothers intentions and what he plans to do. Can he steal my moms home? Worries me he wont tell me anything or ive had nothing to sign. My brothers lawyer wont talk with me. Its weird.
What if I just have a non certified Will? I have a copy typed up that distributes my assets between my brothers. It's very detailed as to who gets what. I have my signature on it.
in Louisiana it's worthless ! Now if you write it in your own handwriting its good ! no typing anywhere on it sign and date it Spell the month not just a number
My dad didn’t leave a will that we can find, but he has memorial plans/DNR/all that end of life stuff. He really only has his two kids to leave his stuff to, and we agree on how to split the assets. But we still need to do probate via the court? 😓
It depends how much his estate is worth. Each state has a different max value. In Michigan it's $15,000 and no property owned (home, land). My father didn't have a will, no investments, no real estate and $1500 in all bank accounts so no probate.
My husband is one of the beneficiaries of his uncle's estate. However, her father is saying he can't find the will. There is another uncle alived how will the non found will be divided? state MIchigan thanks
My aunt died and there are no heirs to her shit, she said in words that she left a 20 year old car that probably at best only a few years left to my mother but because its not a will she can't actually claim any of it. So then we would have to get an Lawyer and go to court against all several hundred of our cousins to make the car legal with plates.. (To put it into perspective on how big my family is, we had a family re-union and like 400 vehicles showed up... Luckily we held it at one of my cousins private property where we could fit everyone into one place xD) So is the car just destined to rot away in my driveway..?
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?
2 года назад
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?
