Originally posted by Grayson
View Post
Announcement
Collapse
No announcement yet.
Need serious advice about dieing w/o a will
Collapse
X
-
SabineHunter
-
I will tell you from current experience even a will can be contested and may require probate. MIL recently passed and my poor wife is having to go through probate for a few accounts. Thankfully she was added to some accounts and policies so those were unaffected. That seems to be the key add whomever you plan on leaving something to on that account/policy and have proof it was completed. Bank of America never added her at my MILs request and it’s been a pita. Also consider a trust to accompany the will of you have more than just a few things. Hopefully we will be done with this mess in a few months. Best of luck!
Comment
-
Please ...do NOT make up a will.
Don't be alarmed at the costs that some are saying. My cost in this process was nothing compared to the aggravation of having to deal with nasty (and they will be!) creditors.
The cost to hire an estate attorney could possibly end up saving him money in the long run. Please, also, tell your step son to pay nothing to creditors until the attorney tells him to. There is a process they go through to determine what is needed to be paid. And most of all, tell him to direct all calls to his estate attorney.....do not talk to them, nor let them pressure him. HE is not responsible for the debt under any circumstance. The estate is. The sooner he gets an estate attorney, the better off he will be in this whole process.
Comment
-
I am just going to point out that Mary is correct. I am a paralegal. I work for two attorneys who are Board Certified in Probate/Estate Planning and Tax Law.... That is all our firm does here......
Mary has given solid, true and correct information. Please follow and avoid all the other comments unless you "want to do it your way", which is not what I would think you are after, or you would not have posted. That's is all I am going to say and offer.
Comment
-
Originally posted by Mary View PostPlease ...do NOT make up a will.
Don't be alarmed at the costs that some are saying. My cost in this process was nothing compared to the aggravation of having to deal with nasty (and they will be!) creditors.
The cost to hire an estate attorney could possibly end up saving him money in the long run. Please, also, tell your step son to pay nothing to creditors until the attorney tells him to. There is a process they go through to determine what is needed to be paid. And most of all, tell him to direct all calls to his estate attorney.....do not talk to them, nor let them pressure him. HE is not responsible for the debt under any circumstance. The estate is. The sooner he gets an estate attorney, the better off he will be in this whole process.
That said, there are wide ranges of prices for legal work. And there are attorneys that get things done in a timely manner and attorneys that procrastinate and drag things out ridiculously long. It's been my experience that there aren't many in the middle. They are either efficient and make a living taking care of more clients every week/month/year. Or they drag things out as long as possible, billing all those same hours to fewer clients.
My attorney is an estate planning expert, having served on state and national boards. He gets things done in a matter of days/weeks, not months. And his bills are always very reasonable - FAR less than the prices mentioned in this thread for similar things. Ask around locally. Talk to CPAs and financial advisors about estate attorneys. Find out who they like and recommend to their clients. Ask which attorneys are good at getting things done promptly and which ones drag things out forever. The only thing more frustrating than getting a huge bill in the mail is waiting months and months before the job is completed.
Comment
-
Search "Dying Intestate in Texas" and you will get a ton of information. He is already dead and therefore has died intestate so the state will dictate who gets what and the attorney may only be good for managing debts of creditors. I'm not certain if the state does that along with distribution of assets. There are also net worth considerations but may not be an issue in this case since you said there wasn't a lot.
Comment
-
Originally posted by doodah View PostSearch "Dying Intestate in Texas" and you will get a ton of information. He is already dead and therefore has died intestate so the state will dictate who gets what and the attorney may only be good for managing debts of creditors. I'm not certain if the state does that along with distribution of assets. There are also net worth considerations but may not be an issue in this case since you said there wasn't a lot.
Comment
-
Originally posted by Russ79 View PostThanks for all the advice. I am taking the wife up today for the visitation so she can see and talk to her son about what he needs to do moving forward.Last edited by Mary; 09-23-2021, 10:53 AM.
Comment
-
Originally posted by Russ79 View PostThanks for all the advice. I am taking the wife up today for the visitation so she can see and talk to her son about what he needs to do moving forward.
What is your son expecting to get from his passing?
Unless its alot of money or some really sentimental things you might consider telling him to just walk away from the situation completely.
Even with a well written out will dealing with the deceased wishes causes problems. You have a mess on your hands where walking away might be the best option.
People change when it comes to fighting over the deceased belongings.
Not for the good either.
Comment
Comment