Probate Letters: How To Get These Magic Papers
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- เผยแพร่เมื่อ 30 ก.ย. 2024
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It's common when a family member attempts to handle the affairs of their deceased loved one, that the family member is told they cannot get any financial information of the deceased, and they certainly can't get access to frozen accounts without "Letters."
These "Letters" can be called many different things: Letters Testamentary, Letters of Administration, Letters of Independent Executorship, Letters of Independent Co-Administration, Letters from the Court, etc.
Think about it. Financial institutions cannot release financial information of a deceased customer just because a family members asks for it. And financial institutions certainly don't want the liability that comes from releasing a deceased's funds to the wrong person or people.
When someone dies with a Last Will that names an executor, the executor often will be required to work with an estate attorney to prepare the appropriate court pleadings which get signed by the appropriate judge. Then, and only then, will financial institutions, such as banks, credit unions, and brokerage firms, release information and funds to the executor to be held in an estate account while the estate is being settled.
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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
BROTHER STOLE INHERITANCE !!!
SAID SHE DIDN'T HAVE LIFE INSURANCE POLICY
I KNOW BETTER !!!
HE TOOK MONEY OUT OF HER ACCOUNT THE DAY AFTER SHE PASSED ***
HOW WOULD I FIND OUT IF SHE DID * AND HOW TO FIND OUT THROUGH WHO !!!
BUT THAT'S NOT THE BIGGEST PROBLEM * HE HAS DENIED ME ANYTHING
HER WILL SAID EQUAL SHARE
Represent yourself in court and learn the law how to efile in the court system
Hello I need a letter of testamentary to put my husbands car under my name the title. He died of Covid there was no time for a will or testament what kind of documents I need to get that letter.
I'm learning the rules as I go. Your videos have helped on the process and reason for the steps needed to settle an account. I wish there was a check list with everything needed along with an explaination of why an how the step should be followed. Thank You
I think the "system" wants to delay you as much as possible. They won't share information that will help you.
@Bigtuna7143 - completely agree!
Great video, but I suggest that if your parent is older that you get them to make you a co owner of their checking account so that if they were to get sick you could pay their bills it makes it easier.
I have been lucky my probate court sent a check listed and a deadline for reach.
Lawyers always asume lay people understand any of this. I know cero about this process its just thrown on me. My attorney has not called once its been 3weeks since husbands death. He never explained what I can or should do or what is going on. Considering how much they get paid they really should just make a short call like this, to put people at ease.
Condolences.
3 weeks is an insult and should be released from duty. However, due diligence relating to your rights is always YOUR responsibility first. I suggest finding one who exhibits the characteristics of the gentleman in the video.
Lawyers can ruin your case fire him or represent yourself in court
Argh, they make it soo difficult. IMO getting a meeting with the Pope sounds less of a hassle. Thank you for explaining the process thou.
My brother is self dealing! Before I was informed of the death. I don't want to be the pain n the ass, but just wow
I have the same problem
Very helpful. But, I’m going to court in a few days. Was hard to find an attorney. My mother died intestate, but I found my stepfather’s Will, I wrote up the OTC and VC myself, to get the court date, as my sibling thinks they’ve decided they’re the executor. Mess.
How did you know which forms and how to proceed?
@@SP4RAPTURE I jumped online and looked at the Surrogate Office’s website. Some Surrogate offices are better than others, so I also had to also check out other Surrogate offices, in other counties of my state. I also picked up other OTC (Order to Show Cause) which is a minimal fill out, VC (Verified Complaint) and Proposed Form of Judgement online, just to have a decent template and some legalese. My background is in graphics, not law.
What pulling this all together got me were 3 hearings so far, but not that that is what I wanted. What I wanted, was to become estate executrix, as my sister illegally self-appointed, then did nothing to process the estate, except pay property taxes, for the 1 of 2 properties, she’s been squatting in. I would’ve still transferred the work to a lawyer as, it is complex, detailed, on a timeline, and subject to objections by the other beneficiary(ies), causing it to drag out, for possibly years. I had previously spoken to other lawyers, however, most were unwilling to take the case, as they considered it to already be contested, by my sister maintaining radio silence. One wanted to take the case, but wanted thousands of dollars upfront, before creating a contract. I didn’t feel comfortable with that.
So, we were assigned an administrator. Can’t say it’s the best route. A court-assigned administrator is free, but doesn’t work for you, meaning there’s less interest and if you want questions to really be answered and in a timely fashion, you still need your own attorney. Both my sister and I are “pro se” meaning that we represent ourselves.
But, the 3 hearings were based upon having the admin assigned, the Proposed Form of Judgement (what I wanted the outcome to be) and what was basically a Case Management Conference, because my sister and I need to agree on the poor conditions of both homes and the exchange of our mother’s personal items. This right here, has killed everything so far.
The judge wants both homes appraised, likely for sale, as we are having difficulty agreeing on what each should get. The law states 50/50, but my sister seems to want most things in the home I’d receive. I’ve offered her the family business, although I built the website and she didn’t participate in that, nor mostly any other family affairs, for over 30 years. In addition, I’ve pressed the administrator with obtaining tax information, for my mother. As our mother, decidedly, stopped filing taxes, some years ago, to ensure there was a fight (she was a malignant narcissist), I feel the most important thing was to find what her estate owed, before agreeing on what we would get. You’d think the court would know this. So, her taxes will, somehow, need to be reconstructed, to see if we’re getting anything at all. This is, in part, why she got no funeral, no burial and no obit.
@@privateprivate8366 , thank you for that summary of things you've been through, what a trying time for everyone going through this dilemma , I had no clue until now what a royal headache I'm in for. I hope you get yours sorted out out. I'm just beginning , mom passed last year and It just dawned on me to call a lawyer about getting her name off of the house deed , and the lawyer said "Oh! you probably have to go through probate" Great. Just what we all need, right? Probate
@@SP4RAPTURE yeah, although it will be at a loss, if we lose both homes, I will have to consider it a win, that I’ll be severing my kinship with my sister. As a narcissist, mom triangulated us perfectly and we have irreconcilable differences, in addition to my sister being a prime example of Dunning Kruger effect, I’m simply not at an age, where I’ll continue tolerating that.
Best to you. Perhaps, your situation will prove simpler and faster.
@@privateprivate8366 , thank you for your help, so sorry about the narcissist family you have, so many people are choosing to go No Contact to keep their sanity and I believe it can be a good choice.
Maybe that will be the best for you in the long run. Best wishes for a good outcome for you.
Jezzzz I wish this info had been available years ago!😢Over time after much continued learning I figured out that the ‘letters’
are the ‘key’ to all assets. Prior administration has complicated tings greatly. Can you perhaps cover this topic ....please❣️
Thank you soooo much for your time and effort put forward in this matter.❤️
Paul, what documents may I request from the court as a potential beneficiary?
No answer?
Get lots of original letters and death certificates. Even Tom Dick and Harry wants one. Most won't take photocopies. I ordered a dozen and used almost all of them
I wanna thank you for all your teaching me lost my mom and had no will. Thank god, I have 1 sibling and we are best friends
I must take over the administration of our intestate succession estates of small value with limited court oversight in California, no will. My eldest sister turned family against me, gaslighting, mind games manipulation tactics, bullied me try to force me out of my home 6 times now and since she took over the entire estates she has lied to the police about me defamation of character, verbal and emotional assaults of my person and violated my beneficiary rights. My sister placed our estates in jeopardy of financial loss getting herself involved with a nextdoor neighbor that has violated city ordinances and now encroached her Trees on our property which is a fire hazard. I am now in the process of Letters of administration to save my homes from loss, learned a lot from you.
That's the hardest thing I pray things work out for you
Perfect video - just finished one video that mentioned Letters of independent executorship and I didn't know what that was - now I do!! Thank you.
I’m trying to figure things out, but having a hard time. My dad passed away in November 2022 with no will, nothing to guide me. I just found out this morning that he didn’t have my mom listed on the deed to their house with him with no survivorship. I’m not sure what is the best way to figure this stuff out? We are in Ohio, any suggestions on how to start and choose an attorney if needed.
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My grandfather just died(in Dec 2020), my mother is one of the beneficiaries
My mother died Jan of 2010
My grandfather's bank account has 4 people, 2 of the 4 are dead
My mother died with no assets, will or property
What kind of papers do I need( letters of administration, etc) in order to claim her inheritance?????
There is a will with per stirpes, but the bank says the will doesn't matter
Darlene Dees Denison was the executor to my father's trust or will. He, William Luther Dees, died March 23, 2011. And, I'm looking forward to using the credit card that he and I used to have long talks about how i might develop my website design kit/"bundle". I look forward to using my "small fortune".
What happens if my father died with no will, but has property and his girlfriend and neighbor stole everything he owned so I don't know his assets, bank, if he had life insurance or anything.....I don't even know his social security number. I'm poor and can't afford a lawyer can you plz help? I believe missispi requires a lawyer ?
Study the court system website and represent yourself in court and learn to efile and submit the complaints yourself to explain your Storey’s to the judge. Gather evidence and documents. Gather specific evidence and don’t let anyone lie.
this only helps if all the heirs get along
Oh yes... and when it comes to money no one will get along. You will see greed in people you have never seen before.
What are my first steps? My partner of 25 years died on the 13th of horrible treatment. I found his will he had drawn up from the internet and two witnesses signed it. Never notarized. So What documents do I use to enter into probate please help me!! He has no money in fact his wonderful bank has him negative $32. I have the will oh! and the court clerk treated me horribly making a big deal about the page which got signed yet the top line on top of the page labeled "County of " was not filled in. Does that mean the will is not valid? I have found those two witnesses which have to sign a "court " affidavit even though the will has the affidavit signatures. He owes $120 K on the house in his name only I put money into it and a great deal of it. The same with the car he owes $40K on that. So what can I file to make sure I'm safe and carrying out his appointing me executor? Those are his ONLY assets aside from a 4-wheeler and a riding mower. I did comment about this on another one of your fabulous videos. I must do this today
My property is in Conroe, Texas but Christine Harris Kocsis is in a truck sleeping on my property here in Bakersfield, California
My sisters Darlene, Christine Harris, Katherine Kocsis, Carolyn Ruoane, and Constance are my sisters. Darlene found a crooked juchdge to modify the will from my dad to leave me out of the will that left me with my inheritence.
Why must a lawyer be involved? Can't the executor take the will and death certificate to the courthouse, sign an affidavit, get the "letters" and get on with it, especially if the executor is the sole heir of everything (no other family) and all financial sources are IRAs, payable-on-death or transfer-on-death contracted to the beneficiary? The will transfers the car which only leaves a house with contents to sell or live in. (My bank with a PoD only requires a death certificate and Social Security number of the beneficiary to release the funds; I think Vanguard does the same.)
Waiting to do a final account close out and need to get one later collection agency dealt with to do so. I’ve gotten all satisfactory notes from other companies and can’t get this one to drop the case so we can close the accounts and deal with remainder of the estate etc. I need advice!
I have a property in Conroe, TX probate will of Charles Francis Kocsis, I am Daniel Ray Dees
Great video. Thank you so much for sharing your knowledge
You’re so welcome GR 😎
Why would she be borrowing on my house that i have inherited from my dad, Charles Kocsis?
If the excutor of the trust dosnt want to be the excutor can one of the beneficiary be the administrator
Yes you request to be personal representative the heir of the estate
Seems like the executor has the power to appoint someone else if the will has no back up executor. If not, the county will appoint an administrator to probate the will (in my state, anyway).
If two people are executors who decides who writes checks to people? And what bank will be used if they live in different states. Im so confused
This guy is great !
Thank you so much. This was informative
And what happens when the original will and poa was illegally changed because mama has Alzheimer's and the one sibling had it all changed to only her kids. I am challenging the new illegal will. Waiting on a probate court date now. My suster stole everything my mother had including her car. Left me and my siblings out of the changed will.
I would like to see a video on this as it happens all the time
This video has been very helpful and informative..
My dad died in 1989.Mom remarried years later the home is still under my mom and dads name can my stepdad sell the house
If my deceased sister had me on her bank account as the beneficiary do i need other documents to remove funds?
If it's a pay-on-death contract with her bank, the bank can tell you what they need, most likely a death certificate, your Social Security number and possibly the "letters". Every bank is different.
Thank you, your video is so helpful.
What form do I submit to probate to start the ball rolling?
How long does it take to get these magic papers?
Thanks Sharon for this valuable information...great video!
Good information. In layman terms.
When my father passed (in COLO), he had a POD (Pay on Death) designation at the bank and I was able to get the money with ONLY A DEATH CERTIFICATE. His estate did go into intestate later. I wonder if the bank made a mistake in giving it to me, or if laws have changed since 2015.
Incredibly helpful. Thank you.
Great information thank you
Posting from NC: My aunt left a will. Sometimes after my niece and nephew became adults she wrote their names in the will. She let me know that she wanted me to share with them . Because the change was not legally added the court processed it as it was originally typed. When they were told of this they have giving me a hard time along the way.
THANK YOU, your video is so helpful!!
thank you for your wonderful informative videos!
I M going through this here in California and nobody wants to help without charging me 8 to 10 thousand dollars how do I get help I don't have that ki d of money. These people are things all of my father's assets that belong to his biological children not step children give .e some advice on where to go get help
What if the death certificate has your name on it because you're the one who buried your loved one..😅
Excellent! Thank you.
No will but they always said the home was ours they are Mexicanos and don’t believe in wills
This was really helpful thank you
Thank you
Great video!
The violin was absolutely amazing 😂
Hi, is it easier if I add my heir to my bank account so she’ll be able to pay for my mortgage after I die?
Yes...I was joint owner on my dad's bank accounts and I have had full access while he was alive to pay his bills from that account
Oh and after he passed I had full legal owner ship of the funds.
Not if you want all your kids to benefit. The favorite will usually take off with that money and not pay the estate debts with that because it’s theirs, not the estate’s. So, the other siblings would have to come up with property tax money and mortgage funds because the kid which was supposed to do that with bank funds can legally say, nope. These funds were meant for me, not the estate.
@@jenniferbmendezfulGood point, but the commenter indicated one heir, "... my heir ..." If you do a joint account, you need to be able to fully trust them while you are living. If you can't, make a pay-on-death contract with the bank so they can use that money to settle all accounts. If they run off with it, well, that's not your problem at that point.
Your videos are very helpful. Thank you
Thanks TD! 😎
Dorothy brown clerk has them 312.....
Holy crap.
Amen
Makes no sense to hire lawyer if the fees exceed the amount to be recovered. Here is the frustration: as a SS payee representative when the beneficiary dies the account is frozen. You cannot put a POD on this account. There is only 1900 in the account. Lawyers want 3500 to probate a will. Not feasible. Went to court to probate will in the county I live and where she once lived but denied because the death certificate stated the address of the nursing home. I’m the executor and live 3 hours away. Not sure if it is worth making trips to attempt probate on my own. So what will eventually happen to that account?
🌹
Thank you
If my mom died with a will she left me a house ,she had 2 lots side by side she put them together as one tax bill she gave 1 lot to my brother younger son but was put in his girlfriend names cause he owes child support ok in the will she left me the house older son i have sibs younger son wants to sell house (greedy) who keeps the house in tx I'm the beneficiary for that house my sister is the executor second is my older brother executor , sister doesn't mind passing the house to me either my brother so what do I need to do to separate lots have separate taxes bill and put it under my name the house my mom left too the beneficiary in tx
He certainly took a long time to get to his point. Bottom line, hire an attorney especially if your loved one had many assets or was drowning in debt. If the decedent was debt free and had a trusted individual on joint accounts and a will, you won't need a lawyer or probate court . The decedent picked that individual to do the right thing.
This could have been answered with " you have to pay a lawyer to file probate".
That is not the case. The courthouse will issue you probate papers to follow without hiring a lawyer.
Apparently you can file yourself, no lawyer needed if you have the mental stamina
No, because I'm currently going through this. And you need the correct lawyer not just any old lawyer
Maybe in some states you are required to do so, but not in mine. If you don't want to bother with it, just like anything you don't want to do, you pay someone else to do it. You don't have to, I think, in most states.
@@Travisaballou
Yes you need to hire an attorney to file
Just went through that same scenario. He's right about everything he said. I went through the Lawyer who prepared my dad's will. I didn't want to do it, but after trying to do it myself, I relented and paid her $3500 to do it for me. Wish I would have done it sooner. Would have saved me the time and the headache of trying to figure out what all of the legal jargon on the probate forms mean.
HIRE THIS GUY!