Probate Process From Start To Finish

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There's a lot of talk out there about avoiding probate, but many people really don't understand the steps that are involved in the probate process. So I thought I'd share the actual steps that me and a family are taking to complete an actual probate. Here are the steps:
(1) Review the will;
(2) Review the assets and debts;
(3) Prepare pleadings to have will probated and executor confirmed;
(4) Communicate relevant facts with all the heirs;
(5) File initial pleadings at courthouse;
(6) Wait for judge to sign initial order that will is valid and executor is confirmed;
(7) Get several certified copies of "Letters of Independent Executorship" from clerk of court;
(8) Obtain Tax ID Number from IRS;
(9) Executor opens estate accounts at investment firms where brokerage accounts are frozen;
(10) Executor moves assets from frozen accounts in deceased's name to estate accounts;
(11) Executor pays out specific bequests of money to heirs;
(12) Prepare inventory of assets and debts pursuant to court procedural rules;
(13) Prepare final court pleadings and submit to heirs for Verification;
(14) Final court order signed by judge ordering assets disbursed from estate to heirs;
(15) Transfer assets from estate accounts into heirs' newly formed accouts;
(16) Review capital gains tax and income tax consequences with all heirs;
(17) Executor sees that final income tax return is prepared.
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450

Опубликовано:

28 сен 2024

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Комментарии : 273

@AlumniQuad 3 года назад

1:40 Contact estate attorney 2:15 Will review 4:01 Independent administration 4:55 Agreement of heirs to independent administration, court pleadings 5:44 Disposal of "payable on death" assets 6:26 File stack of (unspecified) pleadings and agreements 7:02 Wait to hear back from court 7:35 Confirmation of executor 8:31 Order admitting will to probate 9:02 Grant of letters of independent executorship (formerly "letters testamentary") 9:41 File with IRS for taxpayer id for estate accounts 10:25 Establish estate accounts at financial institutions ("X as executor of the estate of Y") 11:47 Disposal of designated-beneficiary assets 12:42 Disposal and acknowledgement (via receipt) of assets explicitly named in the will (non-residual) 14:09 Prepare detailed list of remaining estate assets and liabilities 14:51 Prepare more (unspecified) court pleadings stating debts paid, explicitly-named assets distributed 15:39 Wait for response from court 15:50 Accounts established for each heir receiving a portion of the estate residue 16:29 Retention of a portion of assets in anticipation of filing decedent's final tax return 16:50 Conclusion 17:22 Tax treatment of inherited IRAs 17:50 Inheritance tax, capital gains tax ("step-up in basis"), estate tax 18:39 Will vs. trust

@dominospizza1386 3 года назад

THANK YOU

@just.my.two.cents. 2 года назад

Thank you SO much for putting together these time stamps! You made this so much easier. Not all heroes wear capes.

@BasedTexans 2 года назад

Probate is very depressing. People get very greedy and it's a long drawn out process where lawyers just disrespect your loved one and steal everything.

@ariesmight6978 Год назад

Yes I am in a true 100 percent agreement with you. I both recently have and still are. With multiple cases all at the same time. I have paid three atturnies in full. Over $31,000 one attorney is in a neighboring state. They still asking for more. The probate case I just lost. I lost 100 percent of total realestate worth $295,000. You deffinitely DON'T!!!!!!!! Know where I am at right now. Not one of the elder family members made out a will. There is only us two siblings left. My sister is both wicked and evil. The amount of state laws that she is breaking. By stealing and selling illegally is truly unreal. God I need to stop right now.

@mccommas2 Год назад

I agree. That has been my experence so far. The lawyer is a scumbag.

@richliferealestate 8 месяцев назад

Damn

@Miss.TJ516 5 месяцев назад

They’re just doing their job 🤷🏽‍♀️

@punchdrunkpizzagategay 5 месяцев назад

My sister rushed me off to rehab before what would be my moms last Christmas coerced me into signing something after her death while i was still suffering withdrawals six years later when i ask about it she turns into the devil has had me arrested on false pretense and tried to entrapt me twice @ariesmight6978

@chuckt9630 4 года назад

Wow! My father just passed with no will and assets in his name and it's a mess. Thank you for this it was very informative!!!

@lindanorris2455 3 года назад

MINE TOO, HE WAS AN IDIOT! MY BROHTER THE CRIMINAL ALCOHOLIC WAS THE POA... CAN YOU IMAGINE?

@Happyflower_gyal 3 года назад

Wow just curious as to how long did it take to settle his estate

@angelrosales3304 2 года назад

@@Happyflower_gyal like a year

@calvthomas6153 2 года назад

My husband of 15 months just died. He had no living will or assets. All his insurance policies were left to other beneficiaries besides me, so Virtually, I was left with nothing. Because he died as a result of a car accident, I filed a claim against the driver that killed him. That driver had limited tort, so my attorney turned to me and my husband's car insurance policy for compensation. They did grant the claim, but it's been granted in my husband's name. Now I have to open up an estate in his name. I need to know what to do. How long will I have to wait before the estate closes? I have a PI attorney, but I need a probate lawyer to help. Sadly I can't afford to pay 2 sets of attorney's.

@francopalmieri3999 2 года назад

I'm Ok

@TrustVictims 28 дней назад

My mother in-law didn't take the advice of a Legalese Administration Legal to hire a professional to inventory an appraise her parent's estate and sold her father's antique care collection for the price of scrap metal and lost a quarter of a million in step up value.

@MaisyDaisy333 Год назад

Thank you for taking the time to create and post this informative video. My father just passed and I have a lot of research to do. Thank you for pointing me in the right direction!

@Jack-ne8vm 5 месяцев назад

Isn't it simpler to put property in a "Transfer on Death" deed & add beneficiaries to life insurances, bank accounts & investments?

@lostinmyspace4910 2 года назад

A family member was managing my mother's Certificates of Deposit from 30 years ago till recently. He was to report all the interst on his return, paying the tax, takng only the tax liability out of the matured CD's, then reinvest or rollover the CDs once again. In the end, he took all the interest and only distributed the beginning balance of total CD's taking 100% of interest income less the tax portion. Is this a probate court issue, or anoher court? My mother had no will or living trust. We only trusted this family member to do the right thing. The CD's were kept in 5 children's names but he managed it totally, and in the end took about $80,000 in remaining interest thru the years. Please repsond to our plight, and would be most greatful. THUMBS UP!!!

@trinafrench2840 Год назад

Your video is the best and easiest video I've ever learnt so much information and I understood. You have a gift at teaching. Thank you so much! What a clever man.

@anthesis1728 2 года назад

A line graph on a lecture board depicting the respective heirs would have been helpful to better connect the steps to .the probate process.

@jameswilliford9728 2 года назад

Very help full just getting started

@smoothpn91111 Месяц назад

Probate was granted in 2 days in Nz with a forged will and without notice. Now we have to recall probate and prove forgery. Crazy but doable I hope.

@FisherMan-g2z 28 дней назад

A greedy Trustee changed our parents estate plan costing 50% in Litigation so we'll see a NICER Approved Forgery Proof Legalese Administration Lawyer and team of Allied Legal Professional Trust Guardians to defend us when we're vulnerable and Grantees Legacies.

@loydsouza3504 5 месяцев назад

What happens if the original will is lost or cant be found.

@anarichardson-pierre8755 3 года назад

Super intresting , he does a great job of breaking this down

@denisealston6312 4 месяца назад

My mother and father passed away with a will and is still a mess.

@davidh4538 2 года назад

If POD beneficiaries were already named at the brokerage account records, would probate be avoided on those assets?

@alexkairoff7963 Год назад

Yes, they would automatically go to the beneficiary on the account.

@jenneliz2020x 3 года назад

Hello. I have a few questions. My sister, executor, is hiding my fathers WILL from me. My other siblings have seen it. My mother passed awsy last year in a different state. The probate office where my father passed is lying to me, and keeping the WILL from me as well. What can I do? My sister said early on, "I'll never let you see the WILL." My brother told me they came out right before Dad died, and MADE him change his WILL. To make it easier on everybody, he said." About a month before my father passed, he started drinking heavily. From noon til bedtime falling on the floor at night. He drank before dinner all his life. He was a functioning alcoholic. I believe whatever they did made him so unhappy he increased his drinking. He passed away suddenly, although being treated for a blood clot. The EMS was there, no police came. Just my mother and neighbor at the house. I was called home. The EMS wouldn't let me see him. No police came. I signed the form for EMS. I asked what was put for cause of death. EMS said heart attack, and took him to funeral home. No autopsy to my knowledge. He passed in 2008. But a lot happened then. I still don't know why my sister is now hiding my mother's WILL. Probate office where my father passed still won't send me a copy of fathers WILL. I don't know if it's the amount of money or something else that bering hid from me. Any information would be helpful especially on saying heart attack. Don't they have to do an autopsy to put that? Is heart attack a cause of death on a death certificate? Thank you! Just anything you can tell me is appreciated.

@BasedTexans 2 года назад

This is the exact thing happening to me. It's been over a year

@jamesdombroski152 2 года назад

Better get ur own probate lawyer

@janetthoresen916 2 года назад

I was talking to a lady who’s went through probate .Her father passed away ,I don’t know if her father died before Covid.She told me the clerk of court is very slow it will take 8 months to a year, maybe you have the same clerk of court . I’m supposed to be in a will and never saw the will.I talked to a secretary that worked for a lawyer ,she told me their was nothing the lawyer could do until probate.

@TD-gt8ko Год назад

No incentive for the government office will lie to you on this. Get a lawyer!

@ericralle3790 2 года назад

Thanks, so important, I had no idea, WOW., mindboggling, I'll watch a few more times, make plans.

@janronk6360 Год назад

My husband and I had seperate revocable trusts with pour over wills. He passed away last year. He did not fund the trust. He instead left things outright to people such as tod and what we owned together went directly to me. I brought it to the attorney and she said there was no need to probate. I received court papers to the affect that no taxes were due on the estate. Everything was fine. I paid all the outstanding bills of his and distributed things according to the trust. His brother died 3 years ago. He left money to everyone in his will. Being a brother my husband did not have to pay taxes on it. The sum was $17000 a small part of the estate. The attorney said everything was fine. Now a year later she telling me this amount must go through probate because the executor of the brother’s estate said he can’t close the estate unless it does. Everyone else has received their inheritance except for $300 each being held back by the brother’s estate. So now I have to pay my attorney $2000 to go through probate on my husband’s settled estate/trust and the heirs of his brother’s estate have to pay their attorney. This doesn’t make any sense to me since everything was settled already. We wanted to avoid probate because of expense and the heirs are satisfied. Why would the executor of his brother’s estate insist on my husband’s will pour over and trust be probate. It seems like it’s none of his business and costly to the trust. What am I missing?

@TD-gt8ko Год назад

You can file a cheap version and disclaim it.

@TD-gt8ko Год назад

Actually in my state, he can deposit the funds to your husband into the court.

@sadiayh123 3 года назад

What is a estimated time of the process?

@wanderfulescape773 2 года назад

I wish there was a law that stated the time period this must be done in. Instead its too ambiguous.

@sarabm1648 2 года назад

When does one need a probate? There is no will and the only asset is the house. A beneficiary was named for insurance

@jackfrosty4674 2 года назад

What about her debts. The creditors will file to get paid. That is why have probate. Will need to file or state will do it for you and appoint state government person to be the executor, not you. Then you will have to answer to them. House will be seized and sold is a possibility if unpaid debts and mortgage. Taxes will need to be filed also.

@keithbrown2425 Год назад

@@jackfrosty4674 the house would only be sold unless somone wants to take on paying any debts

@davinaalleyne6079 2 года назад

Thank you for all your the very informative information .

@eddie1543 2 года назад

What happens when there wasn't a will? Why would the probate attorney ask for the tax W2 of the person who passed away?

@jackfrosty4674 2 года назад

So have some idea how much money that may have lying around this year. Also dead person still has to file a tax return for year died.

@SuperFredAZ 2 года назад

thank you, this is very informative!

@denarroyal1283 8 месяцев назад

My grandfather past November of 2023 and left my mother the will. Even though, she has 6 siblings, my grandfather wanted my mother to have something. However, my Aunt hijacked my grandfather’s bank accounts and stole everything. She even hired 2 attorneys. The system is so busy being corrupt, that they don’t care about what’s going on down here. We hired 3 attorneys and 2 of them, we believe we bought off by my Aunt. My mother has done ALL the leg work!! All a lawyer has to do is present it to a judge! Can’t get a lawyer to do what you want them to do! United States traded our rights into privileges! Local courts doesn’t honor the Constitution! If it’s corrupt on top, we don’t stand a chance for ANY recourse down here. Smh

@cg0825 2 года назад

My aunt passed 2 weeks ago. She had no will. I am beneficiary on life insurance and planning the funeral. However I am anticipating a mess. She had 3 other nieces/nephews but they seem to not really want to be involved. She owned a small condo which will ultimately need to be sold. We are still really early on and have not even had the actual funeral yet. Just trying to view some videos at this point as this is all new to me. Even though I am only 50 I'm thinking getting a will may be a good idea.

@scottymathieson9529 Год назад

It will divided by the heirs. Yes your in for mess, if she had a will she would still have to go through probate but its more straight forward.

@meghaclaris2024 Год назад

At 50, I believe you should have had one long ago. At 37, I feel like i am way past due having a will, a living will, a designated POA and an Advanced Directive. It's not fair for the family when one leaves these things undone and passes away

@hetalp978 3 года назад

❤️❤️awesome information

@tomthecat9780 3 года назад

I have a beneficiary (wife) in Arizona that has obtained an attorney and has asked to transfer the title of the home jointly owned by them just 25 days after the Notice to Creditors in Probate, she was involved in a Auto accident prior to the death of the decedent and was sued with the insurance company. I have asked for information regarding to the status of the case with no response. I have been looking for information as to waiting for the 120 days to transfer the home and stocks just in case a claim is filed against the estate. Any information is appreciated , Thank you

@johngoodrow8984 2 года назад

So 6 months ago I ran into an opportunity to buy out one brother of 2 brothers who inherited their father's estate which was in probate for 4 years they needed it to close the probate and 1 brother wanted to sell the other brother didn't want to sell. The brother that didn't want to sell was my Harley master mechanic guy My boss was convincing me for a year to do this and I finally did it on the 11th hour 6 months later The brother that stayed on the deed with me after we closed passed away due to a heart attack we had an agreement to write a will for me to receive his half of the house for saving his a** he never got to it now I the brother I originally had to purchase the 1/2 interest of the estate will be assigned as the Executive , I was wondering what kind of power for lack of a better term do I have in this situation

@GSIP69 3 месяца назад

Can you please provide an update? I'm going through a similar situation. Thanks.

@veronicathistle6070 2 года назад

How long is the court process to remove personal representative after judge requests all interested parties are served with the petition I filed proving personal representative submitted a copy of a fraudulent will because I found and filed actual will

@GSIP69 3 месяца назад

What happened?

@edmundcowan9131 10 дней назад

Thank you !

@cathyochs3066 3 года назад

If two out of four children were disinherited and specifically named in the will as being disinherited, can they contest the will and what would their chances be

@debjudson4991 Год назад

Very beneficial information and timelines.

@stephanes.3921 5 месяцев назад

My independent executor, an experienced lawyer and law professor in La., says he can do special and initial residual distributions without going back to court as long as he sets aside enough for debts and fees. Is going back to the judge always necessary?

@edmundcowan9131 10 дней назад

Thanks

@nero7002 2 года назад

Hi..... Is. Probate sensitive in the will??? What i mean is if 2 will exists, the the old will will probate the new will will hide... Is attorney Notice of that??...? Is that noticable during probate?????

@veronicathistle6070 2 года назад

They have a attorney and I don't.

@myutube6422 4 года назад

Is a Roth IRA consequences the same as a IRA?

@lisacole2464 2 года назад

thank you for this information

@joyjohnson3056 Год назад

@America's Estate Lawyer - Is there a way to get to you? I wanted to clarify a question please.

@fcourtwright Год назад

I was listed as executor over my uncle’s will and my other uncle is fighting against me based on a verbal agreement no one knows about over the house can he do that

@pathsymartin2140 Год назад

What does it mean when homestead is not entered on a probate?

@krs6924 4 месяца назад

Are you in Indiana? If not, would you please, recommend an attorney for me to contact in Indiana.

@nikbarker3640 2 года назад

Hello, I notice it’s been a year since video has been posted . I’m curious, do you still review and answer comments?

@cromatz 2 года назад

Paul, our uncle passed away on Christmas, my husband is a beneficiary but my father-in-law does not want to share inf about the will, he is stating that all of my uncle's annuities have him and his brother and deceased sister as beneficiaries. What do we do to find out the truth?

@jackfrosty4674 2 года назад

go check out records in probate court they had to file with clerk.

@jodeesecor4609 3 года назад

I'm hoping you can advise- my husbands grandma passed recently and the will we found is from 1996 when her husband was alive so his daughter is named executor. My husband is named in the Will, for something else. Will he be reached out by probate court? And if so, if we don't sigh the waiver that probate court gives, what happens? In other words, we don't believe this will should be valid and think it's needs to be contested.

@finsterthecat Год назад

How did it turn out?

@GSIP69 3 месяца назад

Will should be valid.

@sammyocgirl7411 3 года назад

probate sucks, people get GREDY

@trackmastersdj 2 года назад

Let's say a Trust is being contested in probate court and litigation has been going on for years. Can the judge decide which side wins without actually having to go to trial?

@GSIP69 3 месяца назад

Good question.

@sandralee6390 8 месяцев назад

What if someone owns Silver American Eagles, can they just be given as a gift to an adult child.

@fredost1504 4 года назад

Wouldnt beneficiary designations(primary and secondary) on all accounts have accomplished everything the probate does , with exception of real asset sales which would need an executor to sell, without the account freezes?

@2901nc 4 года назад

Good question! Unfortunately, certain brokerage accounts do not permit beneficiary designations. Many do (such as retirement or IRA accounts) . Hopefully people take advantage of making those designations while they are still alive as part of good planning!

@TheDecoCottage 3 года назад

If an account allows for specific beneficiary designation, then you absolutely should name primary and contingent beneficiaries on them. Those assets then avoid the probate process.

@matbellenie204 2 года назад

Does this apply for the UK?

@MtHopeAntiques 3 года назад

What about Estate Recovery when someone used state health Insurance?

@jackfrosty4674 2 года назад

medicaid has a five year look back period, though some states have less. The cost of care of senior is what they want to recover.

@phily8020 3 года назад

What happens if a step Mother has half ownership of a house? When and how does that get arranged?

@jackfrosty4674 2 года назад

When bought house added both names or can just go to court house and add name to the deed. Pretty simple. The hard thing is to get someone off the deed. Will probably just force sell of house to get kids half.

@universezero2590 3 года назад

Can anyone just retrieve a death certificate? My sons father just passed in March and after all these years the grandmother and uncle are calling my son materialistic ! Because he wanted to help with the dispersement of the belongings they called him harassing him and calling him all kinds of names over and over .They never really took the time to get to know my son he’s 27 now and he cried so hard because of the way they looked at him the uncle took allot of his fathers belongings sentimental items said he was going to get a lawyer etc etc and now my son is destroyed emotionally not to mention he’s obviously still mourning his father what can we do to retrieve the other belongings that the uncle took ?

@jackfrosty4674 2 года назад

pretty much nothing but wait until he tires of them and gives them away. Just know that if you begin to look on internet will start finding that all people act crazy when primaries get sick and death comes. They fight, howel, never speak to each other again, get greedy, throw punches, hide money, arrest each other, and ..... Watch this movie, It's a mad mad world with spencer Tracy. That is how they will act. Totally crazy. And the entire family can break up forever over it. IS normal. See all the Oprah shows about it and on the tube. Due to the emotions in childhood and the possibility of who loves who best and the fact they are and orphan now. Just makes them all crazy including you and so now you know. Be prepared and wise. Has nothing to do with him personally. Just how it is like rain. Start to understand by reading post about it. People all over post about the crazy other people when someone they all loved got sick and died. Is real. You are not alone. IS normal. What is not normal is those people that get along and do not fight and are not greedy. Probably about 8 percent. The other 92 percent go looney no matter what the other person does. Just so you know. not you--is the situation.

@alexkairoff7963 Год назад

Yes, anyone can get an unofficial death certificate

@vw4x4 3 года назад

What about executor fees? What does the executor get from the estate, if they are also the lawyer who wrote the will?

@MtHopeAntiques 3 года назад

I need to know this also please!

@alexkairoff7963 Год назад

This amount is usually a wage or salary and each state usually sets guidelines for what's an 'acceptable' amount for the duties of the executor/administrator/personal representative.

@TheLizettelizette 3 года назад

Will probate court take longer due to Covid? My dad just passed away from Covid and left three mortgages.... pending... any advice. Also, is a probate attorney the same as an real estate attorney? I’m from Arizona

@ThisisLatanyaYvette 3 года назад

My case took long bc of Covid normally takes a year or two from what I read but it’s close to 3 years now for me

@BasedTexans 2 года назад

Mine is still probate it's been a year

@brendan1968 3 года назад

This video is great and honestly really helped me understand. What if the trustee can't produce or find original/copy of the Trust? My parents are the Trustees on a Trust they created in the 90's. My father died 2019 & one of his IRA's had the Trust as his beneficiary. All my mom has is a TIN/EIN from IRS with both their names on it as trustee and we are not sure how to get the IRA distributed in my mothers name. State is Illinois. Thanks for any tips and for the very helpful videos.

@finsterthecat Год назад

What happened ?

@MtHopeAntiques 3 года назад

My mom left a will-but left her lawyer as the executor, does he get paid out of the assets of the heir if there are any?

@annamelanie5151 3 года назад

You better believe it. Lawyer takes their cut first. If your mom is still alive, have a talk with her. Ask if you can see a copy of the will, or better yet, a copy for you to keep. If I were you I’d be curious about the details.

@ronalddaub9740 6 месяцев назад

I want to contest my brother's boyfriend getting anything because it was under duress

@MtHopeAntiques 3 года назад

Did Ed and this lawyer get paid?

@sinebar 2 года назад

How can you leave nothing to anyone?

@jackfrosty4674 2 года назад

leave them a dollar in a will.

@alexkairoff7963 Год назад

You can specifically disinclude people from becoming beneficiaries in a will.

@douglasjensen8986 2 года назад

What happens if the deceased person (perhaps a spouse or an unmarried person) left unpaid debts? What if those debts exceed the deceased's estate?

@jackfrosty4674 2 года назад

The paying off all your debt and then distributing any remaining assets from your estate to heirs is called probate. Each state has its own laws governing how long creditors have to make a claim against the estate during that time. It can be a few months or can last a couple of years. Sometimes surviving spouses or other beneficiaries, in most cases that debt isn’t something they’d be responsible.However, there are some exceptions. Funeral expenses take priority, then the cost of administering the estate, then taxes and then most states include hospital and medical bills. However, not all of a person’s assets necessarily are counted as part of an estate for probate purposes. With life insurance policies and qualified retirement accounts and retirement account can go directly to the person named as the beneficiary and are not subject to probate. And assets placed in types of trusts also pass on outside of probate, as jointly owned property, a house, as long as it is titled properly. Married community property states view both assets and certain debt that accumulated during the marriage as equally owned by each spouse - meaning a surviving spouse could be responsible for paying back the debt, even if it was only in the decedent’s name.

@douglasjensen8986 2 года назад

@@jackfrosty4674 Thank you. Suppose the deceased has no assets except a POD qualified retirement account and a POD checking/savings account (not counting miscellaneous low-value random personal items)--but does have (say) credit card debt?

@jackfrosty4674 2 года назад

@@douglasjensen8986 The thing about the trust is control and no advertisement in paper and no public records from court. Also what if property, debts, other people pop up. By having a plan you keep control. People are crazy, viscious, weird, and liars when someone dies due to emotion and greed. Therefor to keep the drama low a trust would be worth it.

@tonyamann5706 Год назад

Alabama law

@theedge5584 9 месяцев назад

HOW CAN ONE GET THE REST OF THE MONEY AFTER THE DEBT SIDE IS PAID OFF?????? CUZ THERES ALOTTA LOOT LEFT OVER......HOW CAN ONE GET IT INSTEAD OF IT GOING BACK TO OUR SLAVE MASTER

@mshaikh4879 2 месяца назад

Bye the way in sunni islamic law , you cannot gift or hiba more than one third of your assets , and will has no value and resulting left out is dostributed as per quanic law of males recieving twice of females in most senarios ... Wife get a fixed portion . Simpler calculation but not always ..

@shannonmalayajones7649 3 года назад

Keepsakes boxes of the mint and library of Congress military and support you guys mileages sssjhhhjj

@joeridendenila7268 3 года назад

How long the probate?how many months?

@braveswitchyoung 3 года назад

Very Informative @braveswitchy professionals in estate planning administration

@69Hurst442 3 года назад

You should see probate law in Canada. It’s been a year and my brother and me are starting to go a little stir crazy with all the paperwork that the lawyer sent to the court only to have it returned because a paragraph or sentence needs to be reworded. I think the judges do it for their own amusement.

@jackfrosty4674 2 года назад

lawyer drawing it out for more fees??? worth a check

@scottymathieson9529 Год назад

Probate is AWFUL nightmare, 5 years and still waiting to transfer everything from my later fathers estate and move on with my life. I've spent 165k maintaining the estate.....I can't sell as the legal heir to downsize because i don't have the title to the home....YIKES PLEASE put your assets in a trust rich or poor !!!!!!😫

@ph1483 3 года назад

This video, consistent with all your RU-vids, is quite informative. Thank you for this service! I was wondering if you would consider a To-Do List one could use to ensure all is prepared and ready for ones own death. Death & taxes are both a surety and I would not want to leave my executor with any problems when (not if) I die.

@cookingblue22 4 года назад

This was very interesting and informative, thanks you for posting it. I think the audience would benefit from knowing the approximate cost of a similar probate ? Thanks Paul

@sharon1704 4 года назад

Thank You for making this info so easy to understand😇

@ChrissyCAGirl 2 года назад

Excellent question!!

@lindsayhengehold5341 2 года назад

Having a proper estate set up including a trust, living will, power of attorney & advanced health directives is so vital to avoid your estate going into probate & having to deal with probate court

@KennethGuilory-w8q 2 месяца назад

Plus, a complete administration to appoint guardians for minors, prevent conservatorships, fund, record, monitor, arbiter, validate, transfer, distribute, plus dozens more steps to settle a peacekeeping administration with histories most valuable legal niche, a NICER Certified Pro Bono Hollywood style Trust Reading.

@racheleaurelio5051 3 года назад

My sister stole my father's business from my mom after he died. I'm executor and I'm going to be filing a summary of administration after 2 years. She's kept us out of the mail bank accounts everything. Will she go to prison? I hope so

@cosmic_drifter_007 2 месяца назад

Update??

@SuperBullyone 4 года назад

Excellent, so timely. Thank you. You explain this so much better than my attorneys. Does the real estate in a trust need to be sold to get the tax free transfer?

@jamesdombroski152 2 года назад

U do realize layers don't care thay just want there stupid f*** money

@roberttroutman6780 Месяц назад

A living trust seems to be the best way to go. Probating a will seems very complicated and time consuming, much more than you would think it should be.

@TrustVictims 28 дней назад

A Living Trust cost my family 50% in Billable Litigation Hours 5 times more than probate, the way to go is NICER approved Forgery Proof Legalese Administration Lawyers and their team of Allied Legal Professional Trust Guardians, defending Grantors when we're vulnerable and our Grantees when we're not around.

@lh98 4 года назад

how about cost differences for setting up an irrevocable trust to avoid probate vs probate court costs? my state massachusetts has high probate court costs and naturally taxachusetts wants their piece of the pie. which is cheaper paying a lawyer to set up the trust to avoid probate or going through the probate process?? what if theresa had just named Ed as beneficiary on everything and put his name on her house deed and instructed Ed to disburse the estate the way she wanted then there would be no court costs, no lawyer fees, no one looking to make a buck off a loved one that passed? the only exception there would be Ed and if he did the right thing i guess or got greedy and took it all right? you’re fucked while living and you’re fucked when you die too. it isn’t bad enough you paid taxes on your money all your life, when you die your state wants fees and delay everything and you pay a shark (lawyer) to divvy up everything appropriately

@jackfrosty4674 2 года назад

see lady bird deed. Have right to live in house until death or deed on death. Are other ways to do this. Can do deeds where have right to live in house as long as live. Can even do a trust where control all and can change it and house goes to whomever you want when you want. See lawyer. Consultation worth it. Go to a probate lawyer.

@jonathanrogers1346 3 года назад

So what does executor have anything to do with getting your deceased parents medical records 🤔 I've been trying to learn about this probate stuff I don't even know why hospitals or medical facilities would even ask for one. Just like I'm reading the executor handbook it mentions nothing about medical records. It's all about Will's estates etc. If someone could help me out I would appreciate it.

@2901nc 4 года назад

How about the effect of putting real estate in a trust and how assessors may treat the homestead exemption.

@davidpowell3347 3 месяца назад

Will names two executors: "coo- executors" trouble and complexity? (one executor lives several states away from the area where the deceased had her accounts and where the Probate Court is located) Estate account could have been moved to an interest paying credit union instead of to a bank checking account (no interest) ? but the other executor does not want to do/allow that estate account in checking could have been retained keeping some money in it but the balance moved to another estate account (with the same title "estate of" and same EIN number as that of the checking account but earning interest in CDs or other "money market savings" ?

@PermissionTrustPioneer 8 дней назад

We are fed up with scammers, spammers, and estate planners promising peace of mind and getting crime and Billable Litigation Hours.

@saimaanisshaikh7487 2 года назад

Thanks Paul for doing these videos. I found them to be informative and help.

@viraestrada7756 10 месяцев назад

This was very informative and important information. We had been trying to get my father in law to get a Trust or give us POA, but he was a “know it all” and extremely stubborn man that thought he had it all under control and didn’t trust even his 2 sons with any of his financial information! And did I mention that my mother in law had Alzheimer’s and he was her sole caretaker! 😣 So He fell and broke his hip and never recovered from surgery and died 45 days later. We had to move into their house to care for mom and then file for Guardianship, what a nightmare.😢 We put mom into a memory care facility and she was happy there, but kept falling and declining. We eventually got guardianship, but soon after passed away. Now we’re trying to get the guardianship accounting completed and closed. OMG All while filing for Probate for both of them 😱. I’m telling you all this to say, Get a Trust, don’t put your family through this nightmare!! People, push your senior parents to get a Trust!! Don’t let them get away with thinking they know it all!! Just Do It! ❤

@webuyhousesdenvercolorado Год назад

As a real estate investor, I get people who contact me in probate pretty often. Videos like this help me a ton.

@carolmaplesden916 Год назад

can you sale a house before probate and then divie out the money accordingly why would someone contact a realtor during probate

@grassroot011 2 года назад

So it looks like it's the best thing to do is have a Living Trust? Thanks

@bubbahaney2076 Год назад

My father passed away almost a year ago now he left a will appointing my oldest sister as the p.r now are stepmother is taking us to court cause he did not put her in the will also they was 3 days from getting a divorce wondering if you have any advice that I can do or even bring up in court she has not ask for his ashs pictures or to help take care of his bills or creditors all she has said she wanted is anything worth money

@A2AStudios 4 года назад

Thank you Paul!

@americasestateplanninglawy1946 4 года назад

You’re welcome JL 😃

@suesnoble 2 года назад

We did a summary administration for the $30,000.00. Estate. Dad’s girlfriend claiming all TTP of estate were gifts to her, or her son gave them to her, etc, she also gave away and sold TPP. She is named nowhere in the Will. We are now having to go Full Administration. I’m making lists of pattern of deceit, copies of forged credit card receipts, and she hired someone to open Dad’s safe and is telling us it was empty. We need to lay out the pattern of deceit, illegality of her giving TPP away. What will the judge be looking for? She’s so stupid it’s almost funny. She denied knowing about Dad’s credit card, but I have the receipts for over $15,000 of purchase where she signed the receipts using various names. She also claiming ownership of the property because she purchased it, but she still denies knowing about the credit card.

@finsterthecat Год назад

How is that going?

@Roni62 Год назад

Tell her you go to jail

@shawandawilliams2105 Год назад

My father passed I’m his only child and his nephew claims my father had a Will and left everything to him I never saw a Will how do I find out if their was a Will or not?

@keithbrown2425 Год назад

Yes find out if there’s a will cause he can lie and take everything just because.it’s illegal for him to do that but he still as to probate the will anyway if he wants those stuff legally In his name it if there no will if your father doesn’t have a wife everything automatically goes to you if their aren’t no outside kids that’s pops up out of nowhere.

@Miss.TJ516 5 месяцев назад

You need ho contact a probate attorney ASAP!

@dnk4559 2 года назад

I’m wondering about how real estate willed to multiple heirs is handled.

@TD-gt8ko Год назад

Sell it and divide the money.

@Alyssa.Deggan 2 года назад

You're a very good teacher. Thank you!

@louierosalesjr.9551 3 года назад

I wanted u to work for but u don't like fighting lilagation alot of what u talk about sound like my family but thre nothing but lies

@forcemajeur.5138 2 месяца назад

What if the heirs/legatees will not agree to making Ed Ind. Exec., I guess you would have to petition the court to ask them to compel making Ed Ind. Exec. or a temporary Ind. Exec.?

@trees8240 3 года назад

I called the lawyer after getting the probate letter saying I was one of 5 on the will. He said they don't have all parties meet and go over anything. I was told I don't need to anything but just wait for the closing. My step-sister (who won't communicate with me)!was put in charge and I notice she tried to sell the house a few months before the probate was filed now puts the house on the market then takes it off market. Can I call the attorney to make sure all is being done truthfully and to find the progress? Thanks.... Not wanting conflict I'm just hoping she will fairly split everything equally 5 ways as she has said she is very spiritual in the past

@leonierascionato547 3 года назад

Good luck

@carmella88 2 года назад

Hey Linda. Im in a very similar position. Do u have any updates just curious on your progress or outcome

@jackfrosty4674 2 года назад

Have to file will and assets and debts with probate court. Suggest look their for paperwork.

@Medmann48 4 месяца назад

My Dad is 87 Years old & not doing well. Dad has NO property & is in a Nursing home. He does have Mutual Funds/IRA's with an Invest firm & all of that money has beneficiaries attached to it. Do I have to probate his estate eventhough his money is all spoken for? (I am Dad's executor & there is a will)

@JustVonn2x Год назад

I love how detail you are! Thanks for the information

@tomchambers9787 16 дней назад

Is there anyway to set aside money for funeral expenses without a full blown insurance policy?

@irmagamez-gallardo4394 3 года назад

Hello from California! Two part question- since taxes need to get filed, what happens to a possible refund? Or if taxes are due? Enjoying your videos. Thank you

@jackfrosty4674 2 года назад

seems like would add to the deceased estate account opened for probate place for funds.

@reignrelic 3 года назад

So the brokerage account your talking about is done with a real estate company?

@ALi-bn6bf 3 года назад

Thank you. Very informative!

@rebeccakalfa4350 Год назад

I am in NYS what the heck can I do. My partner passed on the 13 at 71, my sweetheart for 25 years. The will isn't notarized yet witnessed back when he signed it in 2013. He put me as executor of his estate. There is no leaving this to that. No leaving stuff to anyone. It's just a simple 10-page living will.

@TD-gt8ko Год назад

Sorry, no notary means the will is not valid.

@GSIP69 3 месяца назад

@TD-gt8ko not true, look up holographic will