estates

[mulitweed]

mom had this all setup, with them , someone said u should have hired this other lawyer in town hes cheaper , but he never getsanything done and has stolen from clients , still practicing though , how I dont know , warming up here today goin to be 35 woohoo

 

[JeepHead]

My GF's dad passed away last June. He had cancer and told her before he passed away that he was leaving her and her twin boys a very large inheritance and that he had a will and she was included in it. He was a very well-off man who was married to an extremely controlling and narcissistic woman who kept my GF (his only child) out of their family so the focus would be on her and her adult children. Her dad lived out of state and had named his step daughter as the executor of the will. Since his death, the twins received a very large life insurance settlement but my GF has never heard a single word about the reading of his will, and she’s too nice to ask her step-sister about the will. Is it possible that it’s just taking this long for the will to be read? I know he most likely had a complicated will as he owned lots of properties. I keep telling her to just nicely ask the step-sister but she doesn’t want to. She said she has read that it can take many months or even years for a will to be finished. I just find it odd that the step-sister has never told her a single thing about the will or her being apart of it. Her dad lived in Michigan.

 

[2manyrocks]

Too long. Go visit an attorney. Now.

 

[jyoutz]

My GF's dad passed away last June. He had cancer and told her before he passed away that he was leaving her and her twin boys a very large inheritance and that he had a will and she was included in it. He was a very well-off man who was married to an extremely controlling and narcissistic woman who kept my GF (his only child) out of their family so the focus would be on her and her adult children. Her dad lived out of state and had named his step daughter as the executor of the will. Since his death, the twins received a very large life insurance settlement but my GF has never heard a single word about the reading of his will, and she’s too nice to ask her step-sister about the will. Is it possible that it’s just taking this long for the will to be read? I know he most likely had a complicated will as he owned lots of properties. I keep telling her to just nicely ask the step-sister but she doesn’t want to. She said she has read that it can take many months or even years for a will to be finished. I just find it odd that the step-sister has never told her a single thing about the will or her being apart of it. Her dad lived in Michigan.

Sounds very suspicious. She needs to make contacts and start asking questions.

 

[2manyrocks]

Call the clerk of the court where the dads will is supposed to be probated. Ask if a recently executed will was probated that doesn’t include your GF.

 

[Tinhack]

My experience with a layer is that the meter runs whenever they look, touch or talk about your case. Even a phone call to discuss an over charge is charged to your account. You can't get away from a minimum charge for anything they do on your case.

 

[big bubba]

strange how death & potential wealth sometimes changes everything among family. & agree w/above, unfortunately you may need additional lawyer fees to make it right. at least it's not in probate. strange how human nature changes when self interest is at state.... all the best

 

[JeepHead]

Call the clerk of the court where the dads will is supposed to be probated. Ask if a recently executed will was probated that doesn’t include your GF.

That's a great idea. Thanks!

 

[paulsharvey]

So, a it is entirely possible that GF's dad changed his will, and/or didn't want to discuss it with the GF, just to avoid a fight. A friend, his dad was sick, and the dad told him he was leaving everything to him. Actual will, stated his dad gave everything to his girlfriend.

 

[JeepHead]

So, a it is entirely possible that GF's dad changed his will, and/or didn't want to discuss it with the GF, just to avoid a fight. A friend, his dad was sick, and the dad told him he was leaving everything to him. Actual will, stated his dad gave everything to his girlfriend.

Anything is possible but highly unlikely. Her and her dad were very close, he was at our home often and he was the one who out of the blue told her about her inheritance and his will two weeks before his passing. She never asked and didn't care either way about any money. It would have never been a fight between them. She is the most non-confrontational and caring person I have ever met.I think he had severe remorse that his wife had alienated him from his own daughter for so many years. And like I said, he also told her there was a large inheritance for the twins and they received that this past summer. It was a life insurance policy so didn't go through the will. He was a retired fighter pilot and an executive at GM.

Her step-mom was always very rude to her and never came down to our home or around us, and we were never invited to any of their family Christmas or thanksgiving gatherings. She wanted nothing to do with any of us. After his death she became very friendly and even sent my GF a $1000 check for Christmas which was a major shock to my GF. So it's just all very strange.

 

[2manyrocks]

Rather than guess at what has or hasn’t happened, call the clerk and ask if a will has been probated. The clerks probate docket might be on line, but try calling to see what you can find out from a human. If a will has been probated, get a copy.

If the will got changed shortly before the dad died to exclude your GF, there could be a deadline ticking to file suit to contest the will on grounds of undue influence.

 

[JeepHead]

Rather than guess at what has or hasn’t happened, call the clerk and ask if a will has been probated. The clerks probate docket might be on line, but try calling to see what you can find out from a human. If a will has been probated, get a copy.

Thanks. I shared your advice with her so we'll see if she follows through.

 

[JeepHead]

Rather than guess at what has or hasn’t happened, call the clerk and ask if a will has been probated. The clerks probate docket might be on line, but try calling to see what you can find out from a human. If a will has been probated, get a copy.

If the will got changed shortly before the dad died to exclude your GF, there could be a deadline ticking to file suit to contest the will on grounds of undue influence.

His county actually has the probate court info online. No information found for him whatsoever.

Edit: After reading the fine print, it says information on wills won't be displayed...

 

[2manyrocks]

She needs a competent attorney to advise her. A probate case should have been opened and showing on line by now even if the will itself is not available on line. Deadlines are running whether she knows it or not.

https://www.martindale.com/?WT.srch=1

She or you can search for an estate lawyer either locally or in Michigan using this tool.

 

[rgr33]

When my dad passed, he had a trust, and we handled it ourselves , no lawyer involved.
It sounds scarier than it really is is, as long as all inheritors are on the same page

 

[kenmbz]

When my FIL passed my wife handled all the paperwork for her and her brother.

We asked my FIL lawyer what they would charge and they said about $14,000. Including tax paperwork and notices, filing etc.
It was a lot of work for my wife, but in PA pretty easy to follow directions.
He had also sold the house, so it was all debt vs. cash which made it easier.

The $14,000 number was a bit shocking, firm is well respected and it's just what they charge for this kind of work. Extra if there are complications.
He did not have a lot of $ left after debts etc. so this would have been quite a bit of a hit.

Each state and even the city could have line items during the process. Some states like NJ are more complex. Luckily we could keep this all in PA even though FIL had spent time at BIL house in NJ, it was not enough for them to pounce.

 

[D40]

Probate is the Golden Goose for lawyers and I learned that long ago, so I convinced my mother to go with a trust which avoided probate. The lawyers got nothing, but I will say this, be very careful about who you choose as Executor. My mother picked my younger sister and even though she was already set for life, she tried as hard as she could prevent my brother and I from getting our shares of the estate. She failed and we have not spoken in over ten years. It almost always happens... greed rears it's ugly head, so plan well.
My lawyer only charged me $700 to set up my trust.

 

[Flogger]

Quit claim deeds. Already divided and they won’t know it until the safe is opened.

 

[paulsharvey]

Best thing is to liquidate as much as possible prior to death. It's very easy to divide cash equally. The vast majority of estates are too small to get hit with death tax. It's hard to do with some assets, but if you really want to simplify...

 

[dnw64]

As others have said, it depends.

Our trusts are set up so that, legally & financially, there is no change after death. There are just different trustees. If the new trustees decide that there is no need to keep the Telluride, they can sell it and put the money in the trust's bank account. They can take any money they want out of the bank account at any time for any reason, just the same as the current trustees can (my wife and myself).