Probate tip: stop paying (most) bills after death..

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Probate tip: stop paying (most) bills after death.
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We do estate planning. We do probate. And we do it well.
Our firm rests on three core pillars:
1. Family protection
2. Elimination of barriers to entry (we make it easy for you)
3. Estate tax reduction/elimination
If you need estate planning or probate help, we should talk. The easiest way to do that is to click the link below and choose a date and time that work for you (over the phone or in person).
Estate Planning - estatemeeting.com
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Christopher Small is the owner of CMS Law Firm LLC. He created it with one goal - help YOU live a great life and leave a great legacy.
You'll find information here on estate planning, probate, revocable living trusts, irrevocable trusts, life insurance trusts, charitable giving, wills, trusts, power of attorney, medical power of attorney, trustee selection, and everything in between.
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Опубликовано:

9 окт 2019

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Комментарии : 126

@wobaguk Месяц назад

Theres a difference I think to draw between 'stop paying the bills', and 'actually cancel services'. Pretty sure the deceased doesnt need Netflix. Many things wont need to proceed to a claim if you can just stop them if there is no contract period.

@CMSLawFirmLLC 28 дней назад

I would do both...

@debraway4263 3 года назад

Thank you!! I just watched youtube for 3 hours looking for this answer. You show up -- completely adorable btw -- and BAM! Question answered!

@CMSLawFirmLLC 3 года назад

Happy to help!

@weekendhomeprojects 3 года назад

Dang...you're an OG of the game. I was staring down a few bills for someone that recently passed and was about to pay. I'll tell them to see my boi...first name Pro, last name Bate

@CMSLawFirmLLC 3 года назад

I love this. Cheers.

@marc895 Год назад

great i stop paying and i will consult a lawyer about this collectors keep bagging me, ohh reminding me to pay it because my obligations? at beside my husband doesn't have nothing left so why I'm suffering this, so great answer bro.

@dialecticalmonist3405 9 месяцев назад

Stop paying the bills, except for literally 90% of the bills. Electric bill, water bill, property taxes, insurance, mortgage, heloc, car loan, car insurance. But don't pay the "other" bills. What OTHER bills? Lol.

@JudgeCommitee-ck5wq 4 месяца назад

Please don’t forget to pay for the Prebate Probate Nickel and Dime solution to putting other’s needs ahead of their own to 837PC interdict inheritance and legacy wealth transfer thieves.

@EmmVee369 3 месяца назад

Medical bills, credit cards, qvc, fruit of the month, newspaper delivery, televangelist pledges, cable, cell phone, lawn fertilizing service, monthly pest control sprayers, cleaning service, mobile car wash service, water delivery, ... its crazy how much is pushed on the elderly and they have the nerve to try to make the family pay out the rest of the "contract"

@erikk77 2 месяца назад

Other bills: Credit cards, cable tv/internet, newspaper, garbage collection. If you're not going to drive the decentan's car just have comprehensive coverage and park in a safe place.

@donaldjohnston7389 3 года назад

I like your channel i probably will be following your blog

@CMSLawFirmLLC 3 года назад

Follow away!

@aclmovement 3 года назад

thank you for this information. People dont like added mess so we always think to pay before it gets out of hand. I did pay some of my mothers outstanding debt before I started probate. But then I look at the statue of Limitations and decided to just live in the residence and let that law run its course. 30+ thousand I save because I minded my business. Creditors claim period was smooth sailing and I was unbothered. Probate close!

@CMSLawFirmLLC 3 года назад

You are welcome!

@weekendhomeprojects 2 года назад

Did you send a notice to the known creditors? And they didn't submit a claim? Any hospitals? My relative had about $3.4k in hospital bills so I've got my fingers crossed they don't file a claim.

@aclmovement 2 года назад

@@weekendhomeprojects of course you have to send a notice to creditors and the court records it and its also published in the newspaper. No one submitted any claims and she didnt have hospital debt. Just sit back and wait for it to pop up on your case. After the period is over you file for closure. Although i have read that they are given up to a year to request funds from the estate. If they dont file a claim you keep moving right alone. YOU did your part by filing the claim. my probate was in CA

@TeeTee-dd8gi 2 месяца назад

Question..I was told some creditors will offer a settlement which of course would be cheaper. If the creditors submit a claim do they normally submit the full balance? I would rather pay the settlement offer than the full balance

@pknbit536 9 месяцев назад

My mother died in July 2023 while living in Florida for many years, and she had a home that was in probate to keep as a homestead she also had 2 mortgages but I want to know is if my brother and his wife drove here to Florida from WV and he rented a brand new pickup truck. But now he wants to charge for using the rental to pay for his mileage to cone to her funeral and to haul some things to the dump.

@leslietascoff9784 2 месяца назад

Great video. I like your personality. 😎 ‘This is not going well.’ 🤣

@CMSLawFirmLLC 2 месяца назад

Thank you!

@stevepreskitt283 2 месяца назад

Good video, but I'd offer another suggestion after a loved one passes - don't sign ANYTHING having to do with a debt until you've spoken with an attorney. Plenty of creditors will try to get survivors to voluntarily assume debt that they aren't responsible for. Nursing homes can be really bad about this.

@CMSLawFirmLLC 2 месяца назад

Great advice.

@pashaniane 2 года назад

What happens if you are left a professional or business will and if that business has debt, does the beneficiary also inherit that debt - given that the business owner and the beneficiary did not have a legal general business partnership. What if you reject the will?

@NoraLovesBendHomes 2 месяца назад

🙂 DON'T STOP PAYING UTILITY BILLS OR HOUSE/HOA PAYMENTS!!! In my experience, going through Probate right now, getting money OWED my sister has been the hardest and most time consuming part of her probate.

@CMSLawFirmLLC Месяц назад

It's never easy to collect debts, living or not.

@alyssawawa 11 месяцев назад

What are the parameters for a good claim?

@redfritz3356 Год назад

Mistake I made is paying the executor money to pay a radiologist, that was later payed by my late mother's medical aid, with a smaller amount being rejected in that claim.

@kamautafari 2 года назад

I love how you explian. Your great.

@cynthiawaits191 Год назад

is this 4 months from when you qualify as the executor of the estate?

@FroMidori 2 года назад

My father passed recently, he owed a lot for taxes he wasn’t able to pay off. He was in debt it would seem like, and based on this economy at the moment it will be hard for me since I will try to handle everything. He lives with my stepmother but doesn’t own any assets. Would those debts be carried over to me, since I am his birth child? Thank you

@pknbit536 2 месяца назад

How abouta phone bill from Verizon because here in Florida, I wesold my mom's home and it was filed formal administrative.

@cheryllee-xr7uq 6 месяцев назад

What happens if you can't afford to make the monthly mortgage payments on a deceased home while waiting for it to sell?

@kinky0328 2 года назад

What if they are hospital bills? Thank you for this video!

@CMSLawFirmLLC 2 года назад

Same. But, as always, consult a probate attorney in your state to make sure. And you're welcome!

@ginasutube 3 года назад

What about a small estate non probate case in California? Under 75k. Do credit card debts have to be paid?

@CMSLawFirmLLC 3 года назад

Talk to a CA probate lawyer. They can tell you.

@Rc-vw2hr Год назад

What happens if you spend all the money in the Estate account before paying a debt that has filed against the estate. What’s the penalty a judge would sentence that person for spending money and not paying the debt??

@brandyyolidio4213 4 месяца назад

Great question!!

@weekendhomeprojects 2 года назад

The notice that went out in the paper for probate said something to the tune of - "Probate is open for 4 months as long as the creditor received 60 days notice.....". In that case, is it wise to not send the notice to creditors until 60 days (2 of the 4 months) has passed? It's been three weeks since I put the medical bills creditor on notice and they've still not made a claim. Fingers crossed.

@CMSLawFirmLLC 2 года назад

Yes. That's how we do it. :) Use the rules to your advantage (and hiring a good probate attorney is the way you ensure you get ALL of these little nuggets).

@sea_hous 3 года назад

Statute of limitations for collecting debt after someone's death? If someone wins a settlement re: someone who has passed away can creditors claim some of this money 3 years later?

@CMSLawFirmLLC 3 года назад

Depends on the state. In WA state it's 2 years, assuming it's unsecured.

@empilweni6206 Год назад

Hi Chris my lawyer inform me that the bank file a request to my husband's estate for credit card debt my husband was a pensioner and I'm the pensioner and the lawyer said I must sell movable assets because my husband didn't sign life policy I don't even know what's that what must I do now my lawyer said I have to pay that money and my marriage is out of community of property with thanks Sarah

@Jen-LUCKY13- 7 месяцев назад

I live in Ohio.. we inherited a property in a will that we have resided in for 20 years.. mortgage was in my mother in laws name she passed and we have tried and tried to find the mortgage lender or payment book .. I have spent hours on hours to no avail.. we have received foreclosure papers I have called the mortgage lender listed on the court documents and they said they don’t have the deed .. ??? I’m so frustrated beyond belief.. me and my husband both make good money that’s not the issue.. help!! We need help asap!! There isn’t a date set for the auction but we get papers from the county.. the property taxes are paid in full?? Any ideas? It’s appraised at 165.000 and only around 60.000 is owed!! Please help !!!!!🤔🤔

@CMSLawFirmLLC 7 месяцев назад

I'd look at MILs bank statements. Where was she making payments? Usually they are auto-withdrawn or she's writing checks.

@MariaFlores-iu4hs Год назад

what if there is no money in the estate? what happens to the creditors claim filed ? can i contact the creditors to let them know and if they can write off the debt?

@MrMrsthing2 7 месяцев назад

Same question! Lots of debt and no assets. Do we still file probate?

@brandyyolidio4213 4 месяца назад

Same question here too. My dear dad passed on Thanksgiving Day and I am still getting his affairs in order, since he was fiercely private with ALL of his financial business. He has about $5000 in his bank account and triple that in debt. Not sure who to pay since someone will be short.

@johnstack5008 2 месяца назад

@@MrMrsthing2 My father had no assets and tons of medical debt. There really was nothing to do other than bury him. I did get calls from creditors, and I told them that he was deceased. They asked who I was, and I wouldn't tell them and said that I don't want to get involved as this isn't my debt. I also told them not to call here again. Never heard from them after that.

@WilliamMurphy-uv9pm 6 дней назад

@@MrMrsthing2 Yes, probate can officially recognize that there is no money and get debts formally squashed.

@IEnjoyCreatingVideos 2 года назад

i have a question if a person died in Washington and they had a few old medical bills from 10 years ago that where in collection can they try to put a claim on there estate?

@CMSLawFirmLLC 2 года назад

They could. Creditors can open a probate on an individual if the money is good enough for them (but most don't).

@IEnjoyCreatingVideos 2 года назад

@@CMSLawFirmLLC Ok thank you very much i appreciate it :)

@georgeross6304 2 года назад

Hi Chris, thanks for your video. Short question, working with a guy to sell his mom's house to us. The house worth about 160K as is while mortgage is about 140K at this moment and a local credit union has a 10K debt. Credit union has already filed a lawsuit for this 10K (pending status now). I am pretty sure if a probate opened, credit union will file a claim. Here is my question, what is the lowest amount do you believe credit union will take? Would a very low low-ball offer will work or they will want like 50 percent or 75 percent of balance? How to let them take lowball offer? Thanks.

@CMSLawFirmLLC 2 года назад

I'd call them and ask them. These types of debts are harder to negotiate, though, as they are tied to the real estate (i.e. they have a way to get paid as the loan is secured by the property). Never hurts to reach out and ask though!

@brainchilddesigner 2 года назад

Hi Chris. I've heard I'm supposed to report my Dad's death in the newspaper so it's known to creditors that he's passed. Is this true?

@weekendhomeprojects 2 года назад

My probate office did that on my behalf. Once I opened probate they had me pay a fee to have it done, and the newspaper sent me a copy so that I could then send it to the known creditors. Had I done a small estate affidavit I could have skipped this (I think), but needed a letter of testamentary for a couple things so went ahead and did it. I'm 2 months in. 2 Months left.

@brainchilddesigner 2 года назад

@@weekendhomeprojects Thank you for the thorough answer. I've gone ahead and filled out the paperwork for this. Hopefully it'll help out.

@adventureguy4119 2 года назад

Can they collect after it’s all closed? I was relived 5 months ago. Now I got an old ambulance bill for the deceased

@CMSLawFirmLLC 2 года назад

It depends. Did you open probate? Did you follow the creditor claim process? The answers to those questions will tell you what to do next.

@adventureguy4119 2 года назад

@@CMSLawFirmLLC yes all is well, my old lawyer confirmed after it was open for 4 years. That the claims window had passed.

@billieread2116 3 месяца назад

I have estate issues, big time. How do I get a free consultation?

@CMSLawFirmLLC 3 месяца назад

Find a lawyer in your state that does what you need and talk to them.

@tipsy09 2 года назад

what happens if a spouse dies with $30k in credit card debt spread across 3 cards. they have one joint account with a spouse that equals $15K (not enough to cover credit card debt) but the house that is jointly owned has a net equity of $500K. how would the credit card companies end up going after the house? its not a liquid asset like the joint bank account.

@CMSLawFirmLLC 2 года назад

They would have to open probate and follow the creditor claim process. If it's a joint credit account, though, they could just pursue it against the living spouse. Would need more info to give a definitive answer...

@joshs9066 Год назад

In my state at least (Florida) we have a law that shields your homesteaded property from unsecured debt like credit cards and medical bills after your death. If you die they can they go after other things like bank or retirement accounts but they can’t touch your property or your automobile. Not sure why every state doesn’t work this way.

@nangleigh 2 года назад

I lost my stepdad and mom two weeks ago due to COVID. He passed on the 13th and she passed on the 15th in AZ. I’m from NC so it’s a little difficult to handle across the country. I know this falls under intestate succession because they had no will and his children are next in line to his inheritance and my sister and I from my mother. This is a small estate. They rented and had more debt than assets. My question is can I submit a small estate affidavit if the estate is insolvent?

@CMSLawFirmLLC 2 года назад

Usually no - you have to attest that all debts have been paid before you can receive the assets. Might vary from state to state though...

@maximumwoof8662 2 года назад

if more debts then assets, why not disavow things ? just let the chips fall where they may... you might want to get personal effects.. pictures, heirlooms, etc.. but let the "system" just deal with it...

@gotalotta28 2 года назад

Lost big moma to covid. Feb 16th 2022. I'm so lost dealing with this foreclosure matter.

@ralphadams9113 Год назад

So if you want to cheat your way out of money that you owe, this is the way to go. Can I trust a lawyer who gives me such advice?

@michaelwinslow447 2 года назад

Do you have to have a lawyer to dispute a credit claim?

@CMSLawFirmLLC 2 года назад

Depends. I'd read the law in your state related to creditor claims in probate.

@michaelwinslow447 Год назад

You don’t have to pay deceased credit card debt if it’s less than $5,000 because the banks will have sold the debt then the collector won’t take you to court to collect $5,000 it will cost too much. Right?

@truthspeaker9617 3 года назад

My husband died 12/22/2020 due to Covid 19 and I was left w a lot of bills that I can’t pay bc my income dropped $3,000 per month. I stopped paying on them after he died. They know he died but they keep calling and asking for him. I don’t answer the phone.

@CMSLawFirmLLC 3 года назад

First, sorry for your loss. Second, you should talk to a probate lawyer in your state to see what you can do.

@QuantumOfSolace1 2 года назад

It cost money to consult with an attorney-

@jayvee962 3 года назад

My mom just passed and I’m the executor. She has no assets except for her clothes, furniture and electronics. I canceled her bank, phone, newspaper, and cable. Am I missing something? Who else do I notify of her passing. Do I need to do so immediately? Thank you for the help

@CMSLawFirmLLC 3 года назад

Sorry for your loss. As to your questions, it's hard to say for sure. If she has no assets you likely don't need to do anything else. To confirm though I'd talk to a lawyer.

@aclmovement 3 года назад

if there were no assets you have done everything. Closing down what she was using, which it sounds like you did. Probate is needed to transfer over assets that you want in your name!. Blessings to you and i send you love. I lost my mother and I just closed her California Probate Estate. Ill start my you tube for people like you and myself soon!

@HawthorneLilyCreative 3 года назад

Sorry for your loss as well. May I ask how long ago your mother passed and how long it took to close the estate?

@aclmovement 3 года назад

Yes she passes 12/28/2015 After educating myself and having to accept her death. I filed my petition feb2020 and it closed nov2020 in California

@Twinsane_in_the_membrane Год назад

Do you have to pay known bills if the creditor hasn’t made a direct claim during the time period? I have some bills here, but these creditors haven’t actually filed anything.

@TeenaTime 3 года назад

What if they have my name for the Estaste?

@CMSLawFirmLLC 3 года назад

Shouldn't matter (in most cases). If they aren't your bills you aren't responsible for them. If you're unsure talk to a lawyer (call us if in WA state).

@h1ts916 3 года назад

Landlord passed away do I still pay lol something I’ve been wondering any tips or advice you can give me.? He did have I guess like a property management company that would rent out for him because he own so many.

@CMSLawFirmLLC 3 года назад

I'd keep paying rent if you want to keep living there. :)

@mccommas2 11 месяцев назад

You know, you could start over if you are unhappy with how you worded things. I think you did just fine. What about paying the morgage after the estate has gone into probate? We are in MO, not WA. My sister wants to keep making payments but I think we should defer them to when the estate is liquidated. Can we do that or is my sister right?

@andreaalva5847 3 года назад

My grandma passed away and now my mom is paying the doctor bills. Does she have to pay that back even though is under my grandmas name. My grandma doesn't have any properties or a will because she is not from here. What can she do??

@CMSLawFirmLLC 2 года назад

I'd talk to a probate attorney in the state your grandma passed away in. My initial thought is no (though each state is different).

@johnkelly9451 2 дня назад

I see this was two years ago. See videos on calling hospital to negotiate your medical bills down. Very sorry for your loss. 🙏 ❤

@stevewyche5232 3 года назад

What about medical debt from your wife and she passes away? Nothing joint owned. I signed nothing. Filed will non-probate.

@weekendhomeprojects 2 года назад

What did you find out? I had the opportunity to do a small estate affidavidt. I was wondering how the $3.4k in medical bills would have went if I did. Right now I'm 2 months into a 4 month probate waiting to see if they file a claim.

@stevewyche5232 2 года назад

@@weekendhomeprojects I found out nothing actually. I filed her will non-probate. She had a lot more medical bills, like closer to 40k but after a while they stopped sending bills to the house. She had nothing in her name.

@weekendhomeprojects 2 года назад

@@stevewyche5232 Thanks for sharing.

@stevewyche5232 2 года назад

@@weekendhomeprojects No problem

@loganfoote622 2 года назад

1:38

@MuzicTunes-lk6np 2 месяца назад

If someone dies, collect social security and have outstanding debt. Why not let the deceased continue collecting on his/her social security until all the creditors are paid off. Once everyone is paid off, then the social security payments can stop permanently. That way, everyone wins.

@CMSLawFirmLLC Месяц назад

Social security stops when you die.

@s.zepeda2323 2 года назад

my dad died 20 months ago in ca…no will…done on purpose cuz he hated us..step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡

@CMSLawFirmLLC 2 года назад

See above...

@nailwall1078 11 месяцев назад

They want me sign pay for funeral bills too probate a estate

@s.zepeda2323 2 года назад

my dad died 20 months ago in ca…no will…done on purpose…step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡

@CMSLawFirmLLC 2 года назад

The answer is you should contact an attorney in CA (I have referrals) to find out for sure, but I don't believe the kids would be entitled to anything. You'd need to see if there is something called an elective share for kids in CA. Don't practice there so I'm not sure.

@shaandadon2929 2 года назад

Can I speak to you ?

@CMSLawFirmLLC 2 года назад

Depends. :) What would you like to speak about? And, are you in WA State?

@shaandadon2929 2 года назад

No NYC and its about Trustee and Executor duties.

@riverlife2379 Год назад

@@shaandadon2929 Yes Lipsett is in NYC Madison Ave JB.ok

@chrisrobbins1488 3 года назад

You are a handsome man, I’m not a homosexual but I’d just thought you should know

@CMSLawFirmLLC 3 года назад

Thank you.

@stevewyche5232 3 года назад

Yes you are

@JudgeCommitee-ck5wq Месяц назад

No thank you we want NICER crime free estate plan should you decide to join Empire College School of Law to Join NICER in July.

@bradtankersley4867 Месяц назад

hEY gENIUS, PAY MUCH FOR YOUR EDUCATION? wHEN YOU GO INTO A.D. STATUS, YOU WON'T BE ABLE TO DO ANYTHING, MUCH LESS PAY BILLS.

@CMSLawFirmLLC 28 дней назад

Okay. Once probate is opened the executor can do pretty much whatever they want. That's when you handle the bills, etc.

@BlindSquirrel425 Месяц назад

Ridin’ with Biden 2024! 💙🇺🇸⚡️

@CMSLawFirmLLC 28 дней назад

good to know... :)

@maximumwoof8662 2 года назад

@ 00:44 "going badly...." why are you shooting from a mirror ? the lettering in your background is backwards... then, there's the booze on the shelf... a boozy video ?

@CMSLawFirmLLC 2 года назад

I'm not shooting from a mirror. :) I have the phone turned around so I can operate the camera.