Need serious advice about dieing w/o a will

[Smell the Glove]

[Grayson]

You should get together with this guy...y'all seem to have the same outlook on fraud and forgery:

https://www.gosanangelo.com/story/news/crime/2017/06/16/zapata-ordered-pay-1-8-m-millionaires-estate/400588001/

To the OP: it is a hard to follow the fact pattern you laid out...one of the primary benefits of sitting down with a lawyer is that they can sort through the facts, ask you a few questions, and get a grasp on exactly who owns what and who potentially has a valid claim. That is not easy to do in a post (and is one of the primary reasons the attorneys on here don't give legal advice on here). Based on what you stated, I think you could arrange a consultation with a probate/estate planning attorney and have a good understanding of what you are looking at in 30 minutes.

All of the other advice on here that "the state decides" or that it's going to cost you $40k is wrong or misguided.

[SabineHunter]

You should get together with this guy...y'all seem to have the same outlook on fraud and forgery:

https://www.gosanangelo.com/story/news/crime/2017/06/16/zapata-ordered-pay-1-8-m-millionaires-estate/400588001/

To the OP: it is a hard to follow the fact pattern you laid out...one of the primary benefits of sitting down with a lawyer is that they can sort through the facts, ask you a few questions, and get a grasp on exactly who owns what and who potentially has a valid claim. That is not easy to do in a post (and is one of the primary reasons the attorneys on here don't give legal advice on here). Based on what you stated, I think you could arrange a consultation with a probate/estate planning attorney and have a good understanding of what you are looking at in 30 minutes.

All of the other advice on here that "the state decides" or that it's going to cost you $40k is wrong or misguided.

Apples, oranges. These two, and one was a lawyer, set out to steal from the estate. My scenerio does not. My scenerio just keeps 100% of the estate to the rightful heirs.
Again, who would file in my scenerio? No one is harmed.

[Bluesman]

I have a simple Will naming my daughter as the executor.
What is the additional thing called that avoids probate regarding my home?

[Grayson]

Apples, oranges. These two, and one was a lawyer, set out to steal from the estate. My scenerio does not. My scenerio just keeps 100% of the estate to the rightful heirs.
Again, who would file in my scenerio? No one is harmed.

If the rightful heirs are the same as those who would have been named in the Will (heirs at law), then why make out a Will after the person has died? Also, who's going to sign on the deceased person's behalf?

Just out of curiosity, in your scenario, what would the cost difference be between probating the Will if the person had one, versus the heirs at law handling the estate without a Will?

[SabineHunter]

If the rightful heirs are the same as those who would have been named in the Will (heirs at law), then why make out a Will after the person has died? Also, who's going to sign on the deceased person's behalf? The State of Texas takes over and decides who gets what with the help of an overpaid lawyer, yet the heirs still do most of the work, such as inventorying, evaluation, etc. One of the rightful heirs would be the one forgering (I never said this was completely legal, just the right thing to do to keep the bloodsucking lawyers from their huge fees and to take a whole lot less time)

Just out of curiosity, in your scenario, what would the cost difference be between probating the Will if the person had one, versus the heirs at law handling the estate without a Will?It would be a whole lot cheaper to do it yourself than have a state appointed lawyer do it, as one witnessed, up to $40k for a non-will estate.

By the way, who would do the filing of charges in a non-contested will? Anyone willing to answer?

[SabineHunter]

I have a simple Will naming my daughter as the executor.
What is the additional thing called that avoids probate regarding my home?

There is always probate. Your daughter can file it herself and cut out the middleman, the bloodsucking lawyer. But, you can also check it out with a lawyer beforehand for a consultation fee.

[J Wales]

If the rightful heirs are the same as those who would have been named in the Will (heirs at law), then why make out a Will after the person has died? Also, who's going to sign on the deceased person's behalf? The State of Texas takes over and decides who gets what with the help of an overpaid lawyer, yet the heirs still do most of the work, such as inventorying, evaluation, etc. One of the rightful heirs would be the one forgering (I never said this was completely legal, just the right thing to do to keep the bloodsucking lawyers from their huge fees and to take a whole lot less time)

Just out of curiosity, in your scenario, what would the cost difference be between probating the Will if the person had one, versus the heirs at law handling the estate without a Will?It would be a whole lot cheaper to do it yourself than have a state appointed lawyer do it, as one witnessed, up to $40k for a non-will estate.

By the way, who would do the filing of charges in a non-contested will? Anyone willing to answer?

1. The state doesn't "take over and decide".
2. "Forgering" is not a word.
3. This estate could possibly be handled by a competent probate attorney for much less than what it would cost to probate your forged will (I suspect this is what Grayson was getting at).
4. Who would file the charges? Typically, that is handled by the DA. Who would complain? It could be creditors, or it could be the long lost children of the wife's ex that the OP is worried about.

In that case I linked earlier, the guys (including the former lawyer...now disbarred) didn't think there were any heirs left to complain, so they forged the will. They are now in prison because someone complained.

[TB80]

There is always probate. Your daughter can file it herself and cut out the middleman, the bloodsucking lawyer. But, you can also check it out with a lawyer beforehand for a consultation fee.

I'm going out on a limb here, but I don't think you care for lawyers much.

[JHT]

There is always probate. Your daughter can file it herself and cut out the middleman, the bloodsucking lawyer. But, you can also check it out with a lawyer beforehand for a consultation fee.

You might be able to make your point more believable if you tell everyone what your leaving behind after you pass.

If its a pot to **** in and a few 12 year old feeders you are on to something....

[Graysonhogs]

I'm going out on a limb here, but I don't think you care for lawyers much.

Lmao. I was just thinking that.


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[The Crippler]

Duh. If there was a will, there would be no need to make up one. Because there is no will, the state determines who gets what, some lawyer gets hugely paid, and it takes a very long time to settle.
My point in this specific type of case where there is no will and the one or two rightful heirs agree 100%, is that before allowing the state taking over and deciding what should go where, they draw up a simple will, sign it, file it, probate it in court and get the possessions they were rightfully intended for, without the huge lawyer fees and court cost, not to mention the quickness in which it is finalized, 6 months vs 4 years.
The only person that loses out in this situation is the bloodsucking lawyer that doesnt get his huge fee. People on this thread admitted to tens of thousands of dollars in fees, even up to 40k besides waiting a long time and getting what they would have got originally, less the fees. It is a huge scam by lawyers for lawyers. It doesn't have to be that way.

This guy gets it.

[piercebronkite]

SabineHunter is speaking some truth here, I had a similar experience (and no a will was not made up).

If your family member dies intestate and there are assets (house, bank accounts, vehicles, etc.) then it will go to probate court. One thing you can be sure of is that it will cost lots of TIME and MONEY. I just went through this with my fathers death and his assets. I wont get in to the details but my father did have some things properly setup and other things not so well defined. Its not a fun time to grieve the loss of your father and have to worry about will/money/assets/inventorying/ who gets what, etc.

[piercebronkite]

I have a simple Will naming my daughter as the executor.
What is the additional thing called that avoids probate regarding my home?

Lady Bird Deed.

[Artos]

Be sure & have the ex-wife & her kids sign off on that homemade will everyone agrees on...