Thank you for posting. My dad died suddenly March 2021. No will. House in his name only and purchased before he remarried. I now received all this paperwork about probate in the mail. Trying to make sense of it all.
It’s a very confusing situation and the fact that some attorneys don’t have time to back it down for a person who doesn’t have a clue sucks😢 TH-cam is my go too.
I was administrator for my Mom's estate and even with a will, it took 2 years to settle due to infighting in the family. Probate is horrible and takes forever. I would not do it again as I was working full time and working on estate business when I was not at my job. Now, I know more and thanks for the info as I didn't know what I was getting into. Finished it though and right to the penny, it was correct. Thanks again for all your help.
@@salahudinstanford Did you ever find anyway or anyone to contact. I'm needing to find a lawyer in Ga who can help settle my dad's no will small estate. Thanks
You are doing a great job providing basic to the public. It’s very hard to grieve the loss & do administrative work for the estate. My sister had no WILL or Advanced Directive. She had a house & two minor children! Nightmare!
YUP! MY FATHER AS WELL! MY BROTHER CHAS CLAIMED FOR 5 YEARS HE WAS THE ONLY HEIR! TOLD EVERYONE, THERE WERE NOT HEIRS BUT HIM! PROBATE DOES NOT GIVE A CRAP ABOUT ANYTHING OR THE HEIRS. THERE IS NO COMMUNICATION BETWEEN THE HEIRS AND PROBATE. NO HELP AT ALL.
@@lindanorris2455'm sorry. It's our parents that screw things up by thinking sticking their heads in the sand like a bird 🐦 things magically get done! Now we know we inherit their mess too!
@@jodydietz3948My brother would have if he could get away with it.. It's always the greedy ones. I must have done something right when I raised my son. He says he doesn't want anything from anyone. Not one greedy bone in his body.
I'm going through this right now. Non US citizen US based Estate Sole Kin No Lawyer (can't afford) Am Court approved Administrator Still at beginning stages of Probate. It has and is an interesting learning curve, massive bumps in the road for procedural approvals due to not being a citizen of the US (left with feeling that Gov does not want to make it easy to apply for things as a foreign citizen, as example EIN number required to create an Estate account... for a US citizen can do online and immediately get one, within time it takes to fill out form. Even at its fastest will be minimum 2-4 weeks to get for me) One of the things that has bothered me through all of this is the business of and cost of Death. It's pitiful. One of the reasons I took this on was to close the book properly on the life of an 84 year old disabled vet that for his full life has given to his country by way of taxes etc and was poor. The last thing wanted was the Gov to get their last things in life. The eye opener for all of this is imagine if the inherited was poor in this situation. They would never be able to afford the cost of Death ie the cost of Probate, costs of filings when in probate, costs of lawyers, costs of assessors for assets, costs of death certs. Costs of approval paperwork, costs of funeral etc etc etc Its like the system wants the gov to get what is left, like beating a dead horse with a stick
I just finally got done with Probate. Never again. I have never been so stressed in my entire life. I was thankful when I got my discharge letter from the judge. 15 months of pure HELL! So glad it's finally over! Thank God!
It seems it will never end and live in Maryland with Mom in NY in nursing home with both her home and brothers home.And have to pay taxes ultilities etc of both homes and Squatters in Mom's home etc. On and on
@@leeanncornell8305 I know it seems like it goes on forever. I wish you the best of luck with your probate too. Mine thankfully wasn't too complicated except for the creditors. It took forever to close it though the courts were dragging their feet. I know you'll be glad when it's over too.
Thank you so much for making this video! I'm grateful that you took the time to explain the process through a very clear and easily understood example. I know that your generosity will come back to bless you in future. All the best!
Thank you for making this process understandable. As I am trying to do this process on my own, with a parallel drawing up the paperwork for me. I really had no clue what it is I’m doing. So this is definitely helpful. Bless you❤
@@americasestateplanninglawy1946 So my parent did have a will but sense entering the Nursing home, The house is now in my name, I am the owner now and have been for about 3 years. My parent is still in a nursing home. My name and their name is on the checking account where I write a check each month for her nursing home bill. I Dont think i need to do a Executor of the Estate, sense I now own the home and my name is already on the checking account and there are No Other assets ....correct??
Very helpful information. Thank you. My grandfather passed away in 2016 and did not leave a will for his 5 children. My father - my grandfather’s son, passed away years ago so I was next in heir to be included in this process. Because my grandfather owned several properties throughout San Francisco that he rented out and some were vacant we had to go through probate. The properties sold rather quickly and distribution was released within 2 years (2018). We appointed my uncle as the executor of the estate and he communicated directly with the estate attorney and he handled everything accordingly. I’ve had to work so hard for everything I have and never imagined that I’d be apart of an inheritance worth millions of dollars.
Wow you made this probate process understandable 👏 and step by step informative. I live in New York State and am looking into this very same issue. Thank you 😊
Was a live-in caregiver for a dear friend who passed this last Tuesday, Valentine's Day. Intestate. Her 2 grandkids and their friends swarmed like locusts, started removing her valuables before her poor body was removed. They're not even her legal heirs, as she has a living son who I was unable to contact immediately as the last cell phone number isn't in service. The next day they brought a truck and hauled off her antique furniture and heirloom china. Tried to tell them they needed to back off, but they acted as if they were the authorities, and even had the temerity to give me a verbal 90 days notice. Her lovely home looked like it'd been hit by a cyclone. They even took the metal bins where we kept our garden tools. Part of my grieving process has been trying to make some order out of chaos. Needed to vent.
@JR-vs1zl One year later, appreciate your reply. Hope you find a good attorney. I had to retain an attorney to protect me from the son who is a hardcore tweaker/alcoholic. It was a nightmare.
I'm a volunteer here in Canada who does tax returns for lower income clients. From time to time I get a client whose spouse has died. The final return can be prepared and filed no problem. The problem arises when the refund cheque arrives made out to the estate of the deceased. Some banks will not cash it as there is invariably no will. The advice I have received from both a lawyer and a retired Canada revenue agency employee is to advise the spouse to deposit it in a bank machine as long as it accepts envelope free deposits. Unless someone contests this it will invariably go through. Perhaps not legal but usually the refund is less than the cost to have a lawyer prepare the documents to have the court appoint an administrator.
Had a similar issue when my dad passed. We have not had any help from local attorneys. I could use your help and directions as my siblings and I have hit a dead end once again from recent attorney.
My wife passed away in early 2021. For me, the probate process was extremely stressful and confusing. I wish I had gotten a lawyer because to do it alone with family was exhausting.
It's a legal mess. EVERYTHING is tied to laws and MONEY. You may also have discovered your own family, especially your in-laws, will quibble and fight over assets.
@@schawnettarobinson8584 I will my Dad passed unexpectedly he remarried in 2006! I am his only child and they have no child. I have not spoken to her since my Dad passed. I just want to know where is ashes are she is probably upset because her name isn’t on anything. Thank you for your support 💕💕
THE Mrs. says: Funerals and burial plots are so expensive, I maintain that when someone dies with so many loose strings that a Cremation should be the way to get that out of the way and get on with the business of closing out an Estate, the cheaper you can legally get that Estate closed the more money there will be left over for the heirs to help them get their lives going again.
Most deaths are cremations nowadays though they aren't cheap either as funeral homes have found ways to gouge you for this too. The person should say how they want their body to be handled upon death and set aside money for it. Take a look at several funeral homes near you and ask about costs for cremation and secondary expenses.
Exactly what I'm going thru in Maryland, My Dad Leroy Worsley Jr died without a Will in Maryland. So I had to go to Prince George's County Registry of Wills at The Courthouse. My Youngest Half Sister did the same. Now it goes to Probate Court in Maryland. Stay tuned.
My husband died intestate in January. Life insurance policies, car, camper stocks etc. What a total mess. As a widow I am overwhelmed with the amount of work that is involved. Nothing just goes to the legal wife. I have to fight for absolutely everything. My husband was 44 and we have two small kids I have to take care of. It’s sad how legally married spouses are treated in death in Ontario Canada. My husband ensured me that I was beneficiary on everything but he lied to me...meanwhile I am the one who encouraged him to get life insurance and RRSPs. It’s so infuriating.
@@thegreypath1777 Exactly. For last 10 years have been a live-in caregiver for a dear friend who passed away this Valentine's Day. Her grandkids and their friends swarmed like locusts, removing her valuables before her poor body had even been removed. The next day they brought a truck and removed her heirloom furniture and china. They are not even her legal heirs, as she has a living son who is living outside of the US, was unable to reach him. I'm beside myself with a mixture of grief and anger. Sorry for the rant.
Thank you so much! Simple. Concise. This should be part of a marriage license package. Along with the retirement plan and divorce information. Inform decisions would make courts proceedings less scary; and less disadvantageous for the majority of the population. Thanks again!
This was really great information I wish he would have touched on if Al and his siblings did not get along and all wanted to be the administrator or if they all wanted to own the property.
- in Florida - if siblings didn't get along - the eldest of the bunch is normally appointed by the court - also in Florida -- step children are included as heirs - and whomever is the appointed by the court as the representative of the estate - better have deep pockets --- cost us over 8K for attorney - court and mediator fees - of course the estate paid those funds back -- but that only comes at the end of the process or closing of the probate
There are other videos on that from other TH-camrs. The situation you describe is horrible but not uncommon. It will be very $$$$ for everyone and will likely wipe out the very estate everyone is fighting over. Only lawyers win in this situation. Each person will have to get their own lawyer and start fighting legally. It can take years. Absolutely insanity. And this is why these things need to be done when the people are alive but somehow too many think they won't die or will somehow get around to it, or some other insane idea. Or they know their kids hate each other and don't want to deal with the pain when they're alive.
I understand that it's not up to the siblings. They will "plead" in front of a judge, and the judge will make the decision. Usually a judge will order towards whatever they decide to agree on, but if they don't agree the judge will decided and that decision will stand. Somebody has to be the proverbial "adult" in the room.
My ex-wife remarried and pass and she never refinance the house and didn’t have a will and my name still on the lease and the new husband want refinance the house.. what can I do
Lawyers, the State, and judges are all in the same cruise liner and we're all in the lifeboat hoping we can make it to shore! This was a very good description of the process and this was only if there aren't any complications with the finances, debts, investments, real estate, and or family/partnership contentions. Watch out for the lawyers!
Amen to that, my brother got an "estate" attorney or so I thought. Then my brother proceeded to tell everyone he wasn't using the lawyer except tk transfer the property to me. As everyone agreed the $10,000 home wasn't wanted by any of my brothers. Really at first they admitted to knowing my father wanted me to have it, Which he did. But they said it was unfair to do it that way because I was getting more than everyone else. Which wasn't correct. Then the estate lawyer refused to talk to me and attempted to get the home on the market without even speaking to me
Been close to 20 months. This was the simplest estate ever and law says we can only divide it evenly. I expressed my intent to buy them out and they just keep saying they dont want me to buy them out... never saying what they want
Going through hell right now with Brothers estate. No will no life insurance. Mom has dementia and ex wife on deed and dealing with Moms home Squtters and in NY with Covid and paying all taxes ultilities lawyer etc on both homes and live in Maryland. A nightmare
@@scottmiller4859 wow! They just didn't wanted you to have it. My father gifted me his 20 year car, but he didn't sign it over. He just said keep it for yourself. Would it be included in his Estate?
We are going through this right now,mom & dad no will, now we have to be out of house by Dec this year,no money living pay check to pay check!!!! What a Nightmare!!!!.
Thank you for your content! I am about to graduate becoming a funeral director so these videos really help break down the processes that I need to be familiar with!
I live in my deceased grandmothers house in Arizona, the house is in probate, there's a Lis Pendence on the property, can my aunt tell me to move or what happens since I'm a tenant with no lease?
Can anyone tell me what to do? My son died last year and he had a mortgage payment that I’ve been paying and my son owned nothing. I just got a certified letter from a bank that repossessed his truck 9 years ago and 9 years ago it sold at auction but they still needed $1.600.00. They are threatening me to make me pay it but there is no estate and I’m on SS and it was 9years ago so what should I do? I’ve not answered them in any way. I’m in Tennessee. I don’t own anything either except a 2004 car.
Also depends on what your situation is? If you have no living spouse or family member to decide on who is a good fit for an administrator for your estate.
Love your videos! Is there anyway heirs can verify that the executor distributed everything properly? Do they have rights to see any of the documents? Thanks for all the great information
Worst part for me is that the attorney I got has been almost no help and his fees are already 1/4 of my Dads estate. He’s basically one of the kids. I’m a year in with no end in sight because my Dads estate was a mess and I’m afraid I’ll be legally responsible for creditors and back taxes.
What about the personal items and valuable collections that are in the home, where does that go? Thanks for sharing, I'm working on my will currently, there is lots of valuables within the home, do they have to be in the will?
My State of Virginia requires the executor to be a resident of the state of Va and live in the area. So what must I do hire a lawyer to be the Administrator or acting executor.. or must someone move into town from the family... and i suppose to use a lawyer will be an arm and a leg.. Correct
well bully for you, you get a gold star. he did explain well. I am still beyond frustrated because I do not know when a small estate petition is allowed. if the only asset is a house, and the deceased is otherwise insolvent, can a small estate petition be used. still searching for that answer.
Thank you for making this info available. What happens when it has been over 20 years and none of this was ever done? How is a property dealt with at this point?
@@SusieAspen yup...taxes up to date and yard kept clean...house needs heavy repairs and pest control...yeah definitely going to have to get an attorney
@@pedro.zurita Check out " adverse possession". If you've kept it up for 21 years, you might be granted ownership. You have one more to go, depending on the state. Actually pretty cool work around the late probate or what ever because I was reading that all of the heirs could lose the house because the deed is then "clouded" due to not filing in a timely manner.
The same thing happened to us when my 95 yr. okd mom died last month, but fortunately 2 weeks after she died I found her will stuffed in a bag behind her shoe rack in the back of her closet. WHEW ! She named me as executor of her will & things went smoothly after I found the will.
Thank you so much your information is very useful. My boys father who is my ex-husband passed ways early this year and had no Will and have a house. We been making mortgage payments and I paid for his funeral and utility bills are up to date and transfer to the boyz only the house is not. And was wondering on what to do lucky I stumble on your page
Me and my siblings are going through this in Nevada. My mom died last year. We have kept her payments up so far and we want to keep the home for our family. Do you know how that should go ? We keep getting different stories from lawyers and we need to know what to do. We have chosen 2 family members to be the administrator. We were told it will cost several thousand to go before the judge.
What about a situation where my father is married and they made a new will but he passed away before the attorney filed it. Now his wife has shut us all out and has taken everything and leaving it all to her son?
Currently in the middle of probate. Need to hire an estate cleaning crew as there is too much stuff to haul out. I never want to do this ever again and wish for it to be over.
We feel your pain a Trust Litigation cost half our parents estate in Billable Litigation Hours so we'll get the NICER approved Forgery Proof Legalese Administration Lawyers and team of Allied Legal Professional Trust Guardians next time around, With NICER 837PC Citizens and Sheriffs on-call to arrest Permission Ledger exposed inheritance Hijacker's.
A man in another state died 60 years ago, leaving a wife and 4 kids, 3 of them minors. There was no will. I was 8 years old, one of those kids, and I remember going with my mother to see the probate judge, a bald, pleasant man. We went more than once. When I was in my 30's, and had moved away, my mother asked me to sign a paper relinquishing my portion of my father's estate (a small house on 2 acres). The paper had to be notarized. I had always thought the property had become totally hers. But she said a small percentage of it also legally belonged to me and my 3 siblings, that's how the probate situation had worked out. She wanted to pay lower property taxes which the state allowed for senior citizens, but she couldn't do it if younger people were co-owners. This was the first I ever heard of it! She said all 4 of us had to sign an agreement. I am suspicious because of a lot of shenanigans my family has been involved in, including my now-dead mother, and I am wondering if anyone has heard of this---and why my mother did not just become the sole owner of the property after my father's death and after going through probate. Anyone have any ideas? I should add that the executor of my mother's will, 30 years after my father's death, was our oldest sibling who lived in the same state as our mother. 25 years later, I heard a rumor that she had bought the house after Mom's death and never told me. I have reason to believe it's true.
Has anyone that is a lone child and is the sole heir to the estate do the probate without a lawyer involved and was it more difficult than just dealing with a lawyer?
Still trying to settle my fathers estate. No will and my brothers acted like everything was fine. And my old we st brother went to a lawyer to have me removed as administrator without my knowledge. I did every step of the estate so far and he is co admin and refused to deal with the estate. 19 months later im still waiting for them. And his lawyer officially stated he will not speak to me. So he acts as though he has no idea whats going on because i dont speak to him. I swore that lawyers had ethic they were required to follow. But this has been a nightmare
You are awesome! Your videos have been helpful and thoughtful. If a person dies interstate however during the time the administrator is going through the deceased assets, IRA, trust, funds etc. What does the administrator have to do?
Intestate is the word. Dying w/o a will. I don't understand your question. The person died, the administrator is "going through the deceased assets" - means what? Do you mean the administrator spending the money? They can spend it as they want but it should be to pay bills and divided up among whoever they think the dead person would have wanted. This usually starts years of family fueds. What does the administrator do? They take on the role of the deceased person and can choose to reassign those assets to someone else, reinvest, etc.
@@NYCisland I watched your pour over Will and trust video and made sense of things. They were highly appreciated. Overall I was asking if a possible beneficiary have the rights to request to view the trusts and/or will within a trust? If a person dies and they die interstate as it is stated in the court after an heir files for administration, how can a beneficiary have access to the deceased trust especially when the administrator is not disclosing any information when questions are asked?
What to do when you cannot get paperwork from the county the house us in they have no packets for diy like all the other counties across U.S. please advise.
My dad died with no will and we went to one of his banks to get his account closed when I had court signed documents stating that I was the representative of his estate and the bank said he had a beneficiary on the account and couldn't give out that money without the person there and they wouldn't tell us who the person was either. Not sure what to do now.
So what about people without a will or trust, that have left everything in joint accounts or designated beneficiaries (excluding vehicles, no real estate)? In this example I see no need for the will or a trust.
Thanks for a wonderful video channel. It has been such a wonderful reference to get advice. Can I do a beneficiary of deed online to keep my house out of probate (even though my child gets all my assets), or do I need to have my attorney do it? I live in Colorado. Do I need to do separate beneficiary of deeds for each property I own even if property is in another state?
I'm going through this now. My father died October 15th my sister moved in to help take care of him 4 months before he died he has no will nothing. What happens next they've signed car titles of mine and sold stuff they've used my insurance they're sneakies slimy people I need to know what I need to do to protect myself
I listened to your video to about 10:40. I have a question. What if you don't have anyone one interested in anything you got. They are not motivated to take the estate when you either die or go to the old folk's home. If a person is not rich, fewer and fewer people as time goes by want to deal with your "junk." And, they don't want anything to do with the funeral either. So, what does a person do? Is there some company I can call who does take people's estates and help get the funeral finished and done? I am paying for my funeral. In about 10 years it will be all paid for. I am 61. I have an apartment of things that I liked and wanted so I bought them and I have them. Now, what do I do with all this "stuff?" My family has no motivation to want to even begin to value my stuff. See what I mean. And it is getting worse and worse and worse as time goes by. Unless you are rich, then "everyone" wants to have it. See what I mean? I need an answer. Now I know why homes are abandoned full of things in it. No one cared for the person enough to value their things, so it sits and rots. But I live in an apartment. Small. No kids. Never married. Believe it or not I have 8 family like in brothers and sisters, but they don't value me therefore it is a burden and they don't want to deal with my "stuff." I guess when you don't value the person, then you don't value what they have in the estate so they don't want to be bothered. I feel responsible to do something with my "crap" before I go to the old folk's home or if I should die while living in this apartment. Which I don't want to do because I have a cat and I don't want her to eat my face when I am dead. (But I would be dead. So, who would care if she did eat my face?) Believe it or not, if you are not rich, life is completely a burden and no one is interested in one nor their things. So, basically I need a company or someone who takes estates when one dies. Cleans out the apartment. All you have to do is wipe down the surfaces. No deep cleaning because the maintenance will just go in and tear every thing out and renovate or update the whole apartment. That is what they do here where I live. I already bought everything I have so I don't want to have to pay someone to deal with it when I die or go to the old folk's home. So what do I do? Good question. I need an answer.
What happens if the person doesn't have a will and doesn't have any children and wants to leave everything to a friend that's been taking care of them? My father's friend doesn't have a will and she recently voiced that she wants him to have her house and assets after she leaves. He doesn't know how to proceed with her because he stated that her memory isn't what it used to be and he doesn't want to take advantage of her if she's not in her right mind. He said that he's the only person she trusts because she has no family, but he doesn't want to run into a situation where someone from deep in her family pops up out of nowhere trying to claim what she gave to him. This is all very confusing.
Yes. But once you fill out proper paperwork & provide a death certificate whatever is left in the account goes to the child who provided all this. This just happened to me 2 weeks ago. My mom only had $237.00 but I’m still grateful
My brother died without a will and his wife and us siblings are the heirs since he didn't have any children. His wife filed the petition for probate and is yet to be named the administrator of the estate. The only thing is, all of us siblings live in Europe. Do we gave to show up at the court or is she going to be named the administrator regardless? We really can't travel to the US right now and we are not really at the best terms with that woman. We just want the whole process to be done and for the estate to be distributed fairly. I assume the court pleadings can be handled via mail?
Thank you for posting. My dad died suddenly March 2021. No will. House in his name only and purchased before he remarried. I now received all this paperwork about probate in the mail. Trying to make sense of it all.
What happened to the house? Dealing with the same issue. Stepmom wants to sell it and take the proceeds. She is such a terrible woman.
It’s a very confusing situation and the fact that some attorneys don’t have time to back it down for a person who doesn’t have a clue sucks😢 TH-cam is my go too.
I was administrator for my Mom's estate and even with a will, it took 2 years to settle due to infighting in the family. Probate is horrible and takes forever. I would not do it again as I was working full time and working on estate business when I was not at my job. Now, I know more and thanks for the info as I didn't know what I was getting into. Finished it though and right to the penny, it was correct. Thanks again for all your help.
I have some questions, is there anyways I can contact you?
@@salahudinstanford Did you ever find anyway or anyone to contact.
I'm needing to find a lawyer in Ga who can help settle my dad's no will small estate.
Thanks
@Nicole Eddy are you a estate attorney? I need help with my deceded dad's estate?
How is it going now?
I'm dealing with a similar situation now
@@Utubin it's not wise to take legal advice from random strangers on the internet...
You are doing a great job providing basic to the public.
It’s very hard to grieve the loss & do administrative work for the estate.
My sister had no WILL or Advanced Directive. She had a house & two minor children! Nightmare!
YUP! MY FATHER AS WELL! MY BROTHER CHAS CLAIMED FOR 5 YEARS HE WAS THE ONLY HEIR! TOLD EVERYONE, THERE WERE NOT HEIRS BUT HIM! PROBATE DOES NOT GIVE A CRAP ABOUT ANYTHING OR THE HEIRS. THERE IS NO COMMUNICATION BETWEEN THE HEIRS AND PROBATE. NO HELP AT ALL.
@@lindanorris2455 Did your brother steal everything then claiming he was the only heir?
My mother is currently going through this. It is definitely a nightmare. My condolences.
@@lindanorris2455'm sorry. It's our parents that screw things up by thinking sticking their heads in the sand like a bird 🐦 things magically get done! Now we know we inherit their mess too!
@@jodydietz3948My brother would have if he could get away with it.. It's always the greedy ones. I must have done something right when I raised my son. He says he doesn't want anything from anyone. Not one greedy bone in his body.
I'm going through this right now.
Non US citizen
US based Estate
Sole Kin
No Lawyer (can't afford)
Am Court approved Administrator
Still at beginning stages of Probate.
It has and is an interesting learning curve, massive bumps in the road for procedural approvals due to not being a citizen of the US (left with feeling that Gov does not want to make it easy to apply for things as a foreign citizen, as example EIN number required to create an Estate account... for a US citizen can do online and immediately get one, within time it takes to fill out form. Even at its fastest will be minimum 2-4 weeks to get for me)
One of the things that has bothered me through all of this is the business of and cost of Death. It's pitiful.
One of the reasons I took this on was to close the book properly on the life of an 84 year old disabled vet that for his full life has given to his country by way of taxes etc and was poor. The last thing wanted was the Gov to get their last things in life.
The eye opener for all of this is imagine if the inherited was poor in this situation. They would never be able to afford the cost of Death ie the cost of Probate, costs of filings when in probate, costs of lawyers, costs of assessors for assets, costs of death certs. Costs of approval paperwork, costs of funeral etc etc etc
Its like the system wants the gov to get what is left, like beating a dead horse with a stick
The system still want their pound of flesh where there's none left!
I just finally got done with Probate. Never again. I have never been so stressed in my entire life. I was thankful when I got my discharge letter from the judge. 15 months of pure HELL! So glad it's finally over! Thank God!
Hugs. In the middle of hell in NY
It goes.
It seems it will never end and live in Maryland with Mom in NY in nursing home with both her home and brothers home.And have to pay taxes ultilities etc of both homes and Squatters in Mom's home etc. On and on
@@leeanncornell8305 I know it seems like it goes on forever. I wish you the best of luck with your probate too. Mine thankfully wasn't too complicated except for the creditors. It took forever to close it though the courts were dragging their feet. I know you'll be glad when it's over too.
I’m a year in and it’s terrible.
Hi there, can you please inform me as to what happens when the probate estate doesn't have enough funds to pay the deceased debt?
Sounds like legal fees could eat up all the asserts and even put the beneficiaries in dept with the legal fees.
Thank you I'm currently going through probate court now .
Thank you so much for making this video! I'm grateful that you took the time to explain the process through a very clear and easily understood example. I know that your generosity will come back to bless you in future. All the best!
Great information! Thank you for taking the time to make a video and share this.
When my dad died my sister and her daughters were like vultures, descending upon the property and grabbing everything of value.
It’s sad how much people don’t realize that the material things are replaceable but the loss of the loved one is not.
😢
Thank you for making this process understandable. As I am trying to do this process on my own, with a parallel drawing up the paperwork for me. I really had no clue what it is I’m doing. So this is definitely helpful. Bless you❤
Thank you for this video. My father passed without a will so this was very helpful. Me and my sister are on the same page so this will go easy
I’m sorry for your loss. I’m glad the video helps.
Thank you. Now the fun starts he had no property and totaled his truck in the accident so property is not an issue
Lol, I doubt it
Helpful
@@americasestateplanninglawy1946 So my parent did have a will but sense entering the Nursing home, The house is now in my name, I am the owner now and have been for about 3 years. My parent is still in a nursing home. My name and their name is on the checking account where I write a check each month for her nursing home bill. I Dont think i need to do a Executor of the Estate, sense I now own the home and my name is already on the checking account and there are No Other assets ....correct??
Thank you for this, it is a huge help
Very helpful information. Thank you. My grandfather passed away in 2016 and did not leave a will for his 5 children. My father - my grandfather’s son, passed away years ago so I was next in heir to be included in this process. Because my grandfather owned several properties throughout San Francisco that he rented out and some were vacant we had to go through probate. The properties sold rather quickly and distribution was released within 2 years (2018). We appointed my uncle as the executor of the estate and he communicated directly with the estate attorney and he handled everything accordingly. I’ve had to work so hard for everything I have and never imagined that I’d be apart of an inheritance worth millions of dollars.
Condolences and congratulations to you at the same time.
@@stephancharles7165 Thank you :)
Lucky ducky
Wow you made this probate process understandable 👏 and step by step informative. I live in New York State and am looking into this very same issue. Thank you 😊
Was a live-in caregiver for a dear friend who passed this last Tuesday, Valentine's Day. Intestate. Her 2 grandkids and their friends swarmed like locusts, started removing her valuables before her poor body was removed. They're not even her legal heirs, as she has a living son who I was unable to contact immediately as the last cell phone number isn't in service.
The next day they brought a truck and hauled off her antique furniture and heirloom china. Tried to tell them they needed to back off, but they acted as if they were the authorities, and even had the temerity to give me a verbal 90 days notice.
Her lovely home looked like it'd been hit by a cyclone. They even took the metal bins where we kept our garden tools. Part of my grieving process has been trying to make some order out of chaos.
Needed to vent.
It happens very often, I am getting an attorney now. Hope you recover fast from that situation. Blessings
@JR-vs1zl
One year later, appreciate your reply. Hope you find a good attorney.
I had to retain an attorney to protect me from the son who is a hardcore tweaker/alcoholic. It was a nightmare.
Thank You For Your Service
Thanks again for your time
I'm a volunteer here in Canada who does tax returns for lower income clients. From time to time I get a client whose spouse has died. The final return can be prepared and filed no problem. The problem arises when the refund cheque arrives made out to the estate of the deceased. Some banks will not cash it as there is invariably no will. The advice I have received from both a lawyer and a retired Canada revenue agency employee is to advise the spouse to deposit it in a bank machine as long as it accepts envelope free deposits. Unless someone contests this it will invariably go through. Perhaps not legal but usually the refund is less than the cost to have a lawyer prepare the documents to have the court appoint an administrator.
Thank you. I really appreciate how you give us a great example case. It fit our situation perfectly.
Had a similar issue when my dad passed. We have not had any help from local attorneys. I could use your help and directions as my siblings and I have hit a dead end once again from recent attorney.
My wife passed away in early 2021. For me, the probate process was extremely stressful and confusing. I wish I had gotten a lawyer because to do it alone with family was exhausting.
It's a legal mess. EVERYTHING is tied to laws and MONEY. You may also have discovered your own family, especially your in-laws, will quibble and fight over assets.
I’m sorry for your loss. How much would you say it cost you to handle everything yourself?
It’s a nightmare. Great video. Thank you so much.
Yes it is I just started the process 😕
@@Mrs.TJ516 Please keep me updated.
@@schawnettarobinson8584 I will my Dad passed unexpectedly he remarried in 2006! I am his only child and they have no child. I have not spoken to her since my Dad passed. I just want to know where is ashes are she is probably upset because her name isn’t on anything. Thank you for your support 💕💕
THE Mrs. says: Funerals and burial plots are so expensive, I maintain that when someone dies with so many loose strings that a Cremation should be the way to get that out of the way and get on with the business of closing out an Estate, the cheaper you can legally get that Estate closed the more money there will be left over for the heirs to help them get their lives going again.
Most deaths are cremations nowadays though they aren't cheap either as funeral homes have found ways to gouge you for this too. The person should say how they want their body to be handled upon death and set aside money for it. Take a look at several funeral homes near you and ask about costs for cremation and secondary expenses.
You can pay for everything and make all the arrangements while you are alive. More people need to chose this option.
Exactly what I'm going thru in Maryland, My Dad Leroy Worsley Jr died without a Will in Maryland. So I had to go to Prince George's County Registry of Wills at The Courthouse. My Youngest Half Sister did the same. Now it goes to Probate Court in Maryland. Stay tuned.
May I ask for a update, sorry for your loss ❤️🙏🏽
@ChitTalk Studio Thank You. Sure, So far Prince George's County Registry of Wills, Move slow. Still waiting.
Updates?
My husband died intestate in January. Life insurance policies, car, camper stocks etc. What a total mess. As a widow I am overwhelmed with the amount of work that is involved. Nothing just goes to the legal wife. I have to fight for absolutely everything. My husband was 44 and we have two small kids I have to take care of. It’s sad how legally married spouses are treated in death in Ontario Canada. My husband ensured me that I was beneficiary on everything but he lied to me...meanwhile I am the one who encouraged him to get life insurance and RRSPs. It’s so infuriating.
Am in the same boat it’s hurting been married 16 years 3 months before his death he changed everything
I don't get this. I thought assets go to spouses & children.
This is completely insane. This disgustingly corrupt system needs to be removed from people’s lives.
It's all set up by lawyers to keep lawyers in the money, got screwed out of my mother's inheritance by step brother WTF disgraceful.
You don’t know insanity until you let people do whatever with property.
Seems beurocratic and burdensome, not corrupt
@@pachucotirili till you get ripped off that’s what everybody says
@@thegreypath1777
Exactly.
For last 10 years have been a live-in caregiver for a dear friend who passed away this Valentine's Day.
Her grandkids and their friends swarmed like locusts, removing her valuables before her poor body had even been removed. The next day they brought a truck and removed her heirloom furniture and china. They are not even her legal heirs, as she has a living son who is living outside of the US, was unable to reach him.
I'm beside myself with a mixture of grief and anger. Sorry for the rant.
Thank you so much! Simple. Concise. This should be part of a marriage license package. Along with the retirement plan and divorce information.
Inform decisions would make courts proceedings less scary; and less disadvantageous for the majority of the population. Thanks again!
This was really great information I wish he would have touched on if Al and his siblings did not get along and all wanted to be the administrator or if they all wanted to own the property.
- in Florida - if siblings didn't get along - the eldest of the bunch is normally appointed by the court
- also in Florida -- step children are included as heirs
- and whomever is the appointed by the court as the representative of the estate - better have deep pockets --- cost us over 8K for attorney - court and mediator fees - of course the estate paid those funds back -- but that only comes at the end of the process or closing of the probate
There are other videos on that from other TH-camrs. The situation you describe is horrible but not uncommon. It will be very $$$$ for everyone and will likely wipe out the very estate everyone is fighting over. Only lawyers win in this situation. Each person will have to get their own lawyer and start fighting legally. It can take years. Absolutely insanity. And this is why these things need to be done when the people are alive but somehow too many think they won't die or will somehow get around to it, or some other insane idea. Or they know their kids hate each other and don't want to deal with the pain when they're alive.
@@diane-countryhut crazy, since being the eldest doesn't necessarily mean the fairest, or most equipped, to handle such matters.
I understand that it's not up to the siblings. They will "plead" in front of a judge, and the judge will make the decision. Usually a judge will order towards whatever they decide to agree on, but if they don't agree the judge will decided and that decision will stand. Somebody has to be the proverbial "adult" in the room.
This is some good info going though the process right now
My ex-wife remarried and pass and she never refinance the house and didn’t have a will and my name still on the lease and the new husband want refinance the house.. what can I do
Am going through something similar here too.
Thank you for all your videos. They are very informative.
Thank you for this information. Can you make a video for procedures for foreign beneficiaries and the deceased also had no will?
Thank you sir for this information. It was definitely helpful.
Lawyers, the State, and judges are all in the same cruise liner and we're all in the lifeboat hoping we can make it to shore! This was a very good description of the process and this was only if there aren't any complications with the finances, debts, investments, real estate, and or family/partnership contentions. Watch out for the lawyers!
Amen to that, my brother got an "estate" attorney or so I thought. Then my brother proceeded to tell everyone he wasn't using the lawyer except tk transfer the property to me. As everyone agreed the $10,000 home wasn't wanted by any of my brothers. Really at first they admitted to knowing my father wanted me to have it, Which he did. But they said it was unfair to do it that way because I was getting more than everyone else. Which wasn't correct. Then the estate lawyer refused to talk to me and attempted to get the home on the market without even speaking to me
Been close to 20 months. This was the simplest estate ever and law says we can only divide it evenly. I expressed my intent to buy them out and they just keep saying they dont want me to buy them out... never saying what they want
Going through hell right now with Brothers estate. No will no life insurance. Mom has dementia and ex wife on deed and dealing with Moms home Squtters and in NY with Covid and paying all taxes ultilities lawyer etc on both homes and live in Maryland. A nightmare
@@scottmiller4859 wow! They just didn't wanted you to have it.
My father gifted me his 20 year car, but he didn't sign it over. He just said keep it for yourself.
Would it be included in his Estate?
THE LAWYERS WHO ADMINISTERED MY FATHER' S ESTATE WAS FILLED WITH SNAKE OIL!
We are going through this right now,mom & dad no will, now we have to be out of house by Dec this year,no money living pay check to pay check!!!! What a Nightmare!!!!.
I will use this info. to interview attorneys for probate. Thank you!
Thank you for your help.
Thank you for your content! I am about to graduate becoming a funeral director so these videos really help break down the processes that I need to be familiar with!
Ty for your time and sharing your knowledge!
I live in my deceased grandmothers house in Arizona, the house is in probate, there's a Lis Pendence on the property, can my aunt tell me to move or what happens since I'm a tenant with no lease?
Thank you for being an professional!
Can anyone tell me what to do? My son died last year and he had a mortgage payment that I’ve been paying and my son owned nothing. I just got a certified letter from a bank that repossessed his truck 9 years ago and 9 years ago it sold at auction but they still needed $1.600.00. They are threatening me to make me pay it but there is no estate and I’m on SS and it was 9years ago so what should I do? I’ve not answered them in any way. I’m in Tennessee. I don’t own anything either except a 2004 car.
thank you so much!
Thank you, this was excellent advice.
Fantastically helpful!
I hope you’ll do more similar videos in the future. :-)
much much appreciated!
What a way to do this,my mom died 3 months ago,left a bunch of money in the bank,I don't know what to do
Was she married?
Probate court is a very good thing if you have no access to the funds
Also depends on what your situation is? If you have no living spouse or family member to decide on who is a good fit for an administrator for your estate.
Do attorneys get paid , from the settlement?
Love your videos! Is there anyway heirs can verify that the executor distributed everything properly? Do they have rights to see any of the documents? Thanks for all the great information
This is something I've been looking for to get answered as well. Any luck?
Worst part for me is that the attorney I got has been almost no help and his fees are already 1/4 of my Dads estate. He’s basically one of the kids. I’m a year in with no end in sight because my Dads estate was a mess and I’m afraid I’ll be legally responsible for creditors and back taxes.
What about the personal items and valuable collections that are in the home, where does that go? Thanks for sharing, I'm working on my will currently, there is lots of valuables within the home, do they have to be in the will?
How does it work when the administrator wants to buy out the other heirs ?
My State of Virginia requires the executor to be a resident of the state of Va and live in the area. So what must I do hire a lawyer to be the Administrator or acting executor.. or must someone move into town from the family... and i suppose to use a lawyer will be an arm and a leg.. Correct
You didnt go too fast. I understood it as it went. Very well explained.
well bully for you, you get a gold star. he did explain well. I am still beyond frustrated because I do not know when a small estate petition is allowed. if the only asset is a house, and the deceased is otherwise insolvent, can a small estate petition be used. still searching for that answer.
Thank you for making this info available. What happens when it has been over 20 years and none of this was ever done? How is a property dealt with at this point?
No one ever noticed the person was dead?
@@SusieAspen Well...it never really was an issue and nobody ever asked. Property was always maintained.
@@pedro.zurita Someone always paid the taxes?? I think you need an attorney to figure out who owns it now.
@@SusieAspen yup...taxes up to date and yard kept clean...house needs heavy repairs and pest control...yeah definitely going to have to get an attorney
@@pedro.zurita Check out " adverse possession". If you've kept it up for 21 years, you might be granted ownership. You have one more to go, depending on the state. Actually pretty cool work around the late probate or what ever because I was reading that all of the heirs could lose the house because the deed is then "clouded" due to not filing in a timely manner.
this helped a lot. Thanks.
It was helpful
The same thing happened to us when my 95 yr. okd mom died last month, but fortunately 2 weeks after she died I found her will stuffed in a bag behind her shoe rack in the back of her closet. WHEW ! She named me as executor of her will & things went smoothly after I found the will.
wow good luck.!!
i haven’t found a will for my dad…
The will should have been recorded? You can find it where,?
It may, I believe be recorded in the county where the person passed away.
This is great info please make a video on how to do a will and how to assign an administrator so that if i die everything goes smoothly hopefully
I mean obviously there will be sadness and sorrow but i mean i don't want my family to go through all that paper work if it can be avoided it
Thank you so much your information is very useful. My boys father who is my ex-husband passed ways early this year and had no Will and have a house. We been making mortgage payments and I paid for his funeral and utility bills are up to date and transfer to the boyz only the house is not. And was wondering on what to do lucky I stumble on your page
Thank for making this so informative video.
If we all decide to keep the house how are future decisions made? should an agreement be written up ahead of time to determine that?
Thank You. This vlog is very informative.
Me and my siblings are going through this in Nevada. My mom died last year. We have kept her payments up so far and we want to keep the home for our family. Do you know how that should go ? We keep getting different stories from lawyers and we need to know what to do. We have chosen 2 family members to be the administrator. We were told it will cost several thousand to go before the judge.
What about a situation where my father is married and they made a new will but he passed away before the attorney filed it. Now his wife has shut us all out and has taken everything and leaving it all to her son?
I would consult with an attorney to see what rights you have. I’m hoping for the best. 🙏🏼
Currently in the middle of probate. Need to hire an estate cleaning crew as there is too much stuff to haul out.
I never want to do this ever again and wish for it to be over.
We feel your pain a Trust Litigation cost half our parents estate in Billable Litigation Hours so we'll get the NICER approved Forgery Proof Legalese Administration Lawyers and team of Allied Legal Professional Trust Guardians next time around, With NICER 837PC Citizens and Sheriffs on-call to arrest Permission Ledger exposed inheritance Hijacker's.
Thank you!
A man in another state died 60 years ago, leaving a wife and 4 kids, 3 of them minors. There was no will. I was 8 years old, one of those kids, and I remember going with my mother to see the probate judge, a bald, pleasant man. We went more than once.
When I was in my 30's, and had moved away, my mother asked me to sign a paper relinquishing my portion of my father's estate (a small house on 2 acres). The paper had to be notarized. I had always thought the property had become totally hers. But she said a small percentage of it also legally belonged to me and my 3 siblings, that's how the probate situation had worked out. She wanted to pay lower property taxes which the state allowed for senior citizens, but she couldn't do it if younger people were co-owners. This was the first I ever heard of it! She said all 4 of us had to sign an agreement.
I am suspicious because of a lot of shenanigans my family has been involved in, including my now-dead mother, and I am wondering if anyone has heard of this---and why my mother did not just become the sole owner of the property after my father's death and after going through probate.
Anyone have any ideas?
I should add that the executor of my mother's will, 30 years after my father's death, was our oldest sibling who lived in the same state as our mother. 25 years later, I heard a rumor that she had bought the house after Mom's death and never told me. I have reason to believe it's true.
you got screwed
@@johnd4348If you can elaborate, I'd appreciate it.
What would be the topical time line on all of this?
Has anyone that is a lone child and is the sole heir to the estate do the probate without a lawyer involved and was it more difficult than just dealing with a lawyer?
Thank you very much
Can you recommend an Estate lawyer or planner in northeast Arkansas?
what happens if you don't want to sell the house?
What if Ike was married and all his assets were titled jointly with wife? Does she have to go to probate?
Still trying to settle my fathers estate. No will and my brothers acted like everything was fine. And my old we st brother went to a lawyer to have me removed as administrator without my knowledge. I did every step of the estate so far and he is co admin and refused to deal with the estate. 19 months later im still waiting for them. And his lawyer officially stated he will not speak to me. So he acts as though he has no idea whats going on because i dont speak to him. I swore that lawyers had ethic they were required to follow. But this has been a nightmare
Thanks
Thank you!!!
This is a great video thank you so much for making this!!😃🏡
You are awesome! Your videos have been helpful and thoughtful.
If a person dies interstate however during the time the administrator is going through the deceased assets, IRA, trust, funds etc. What does the administrator have to do?
Intestate is the word. Dying w/o a will. I don't understand your question. The person died, the administrator is "going through the deceased assets" - means what? Do you mean the administrator spending the money? They can spend it as they want but it should be to pay bills and divided up among whoever they think the dead person would have wanted. This usually starts years of family fueds.
What does the administrator do? They take on the role of the deceased person and can choose to reassign those assets to someone else, reinvest, etc.
@@NYCisland I watched your pour over Will and trust video and made sense of things. They were highly appreciated.
Overall I was asking if a possible beneficiary have the rights to request to view the trusts and/or will within a trust?
If a person dies and they die interstate as it is stated in the court after an heir files for administration, how can a beneficiary have access to the deceased trust especially when the administrator is not disclosing any information when questions are asked?
How about my dad died he had an account but its not joined account my mom trying to get the money she could not get it
Is it the same If Ike puts all assets into trust
What to do when you cannot get paperwork from the county the house us in they have no packets for diy like all the other counties across U.S. please advise.
It’s 13:32 -for me thank you 🙏
What is the cost of a simple probate. Just a retirement fund.
Is the First And Final Account Being approved by the register of wills and orphaned court judge the Last Process before distribution?
Is there a will registry incase it’s hidden or lost
Thanks.
My dad died with no will and we went to one of his banks to get his account closed when I had court signed documents stating that I was the representative of his estate and the bank said he had a beneficiary on the account and couldn't give out that money without the person there and they wouldn't tell us who the person was either. Not sure what to do now.
So what about people without a will or trust, that have left everything in joint accounts or designated beneficiaries (excluding vehicles, no real estate)? In this example I see no need for the will or a trust.
Thanks for a wonderful video channel. It has been such a wonderful reference to get advice. Can I do a beneficiary of deed online to keep my house out of probate (even though my child gets all my assets), or do I need to have my attorney do it? I live in Colorado. Do I need to do separate beneficiary of deeds for each property I own even if property is in another state?
Good info- thank you
I'm going through this now. My father died October 15th my sister moved in to help take care of him 4 months before he died he has no will nothing. What happens next they've signed car titles of mine and sold stuff they've used my insurance they're sneakies slimy people I need to know what I need to do to protect myself
Thank you very much for the education 💕
Glad you’re learning Claire 😍
I listened to your video to about 10:40. I have a question. What if you don't have anyone one interested in anything you got. They are not motivated to take the estate when you either die or go to the old folk's home. If a person is not rich, fewer and fewer people as time goes by want to deal with your "junk." And, they don't want anything to do with the funeral either. So, what does a person do? Is there some company I can call who does take people's estates and help get the funeral finished and done? I am paying for my funeral. In about 10 years it will be all paid for. I am 61. I have an apartment of things that I liked and wanted so I bought them and I have them. Now, what do I do with all this "stuff?" My family has no motivation to want to even begin to value my stuff. See what I mean. And it is getting worse and worse and worse as time goes by. Unless you are rich, then "everyone" wants to have it. See what I mean? I need an answer. Now I know why homes are abandoned full of things in it. No one cared for the person enough to value their things, so it sits and rots. But I live in an apartment. Small. No kids. Never married. Believe it or not I have 8 family like in brothers and sisters, but they don't value me therefore it is a burden and they don't want to deal with my "stuff." I guess when you don't value the person, then you don't value what they have in the estate so they don't want to be bothered. I feel responsible to do something with my "crap" before I go to the old folk's home or if I should die while living in this apartment. Which I don't want to do because I have a cat and I don't want her to eat my face when I am dead. (But I would be dead. So, who would care if she did eat my face?) Believe it or not, if you are not rich, life is completely a burden and no one is interested in one nor their things. So, basically I need a company or someone who takes estates when one dies. Cleans out the apartment. All you have to do is wipe down the surfaces. No deep cleaning because the maintenance will just go in and tear every thing out and renovate or update the whole apartment. That is what they do here where I live. I already bought everything I have so I don't want to have to pay someone to deal with it when I die or go to the old folk's home. So what do I do? Good question. I need an answer.
What happens if the person doesn't have a will and doesn't have any children and wants to leave everything to a friend that's been taking care of them? My father's friend doesn't have a will and she recently voiced that she wants him to have her house and assets after she leaves. He doesn't know how to proceed with her because he stated that her memory isn't what it used to be and he doesn't want to take advantage of her if she's not in her right mind. He said that he's the only person she trusts because she has no family, but he doesn't want to run into a situation where someone from deep in her family pops up out of nowhere trying to claim what she gave to him. This is all very confusing.
what if theres a will...but its not signed and thus declared invaliid and only one heir?
Does this has to be followed if there is a life insurance policy, but no beneficiaries named?
Does the Bank voluntarily freeze all accounts and debit cards of a decedent without notice?
You'll likely need to contact them and report the death. Then they'll freeze the account. I don't think they always freeze it automatically.
Yes. But once you fill out proper paperwork & provide a death certificate whatever is left in the account goes to the child who provided all this. This just happened to me 2 weeks ago. My mom only had $237.00 but I’m still grateful
@@nanali7245 are you an only child?
@@nanali7245 so sorry for you loss Nana. May your mom rest in peace 🌈
@@b.g.5129 I am now.. My brother passed Aug 30 & my mom on Sept 2 due to COVID.
What if the children do not want to be the administrator for various reasons? Thank you!
My brother died without a will and his wife and us siblings are the heirs since he didn't have any children. His wife filed the petition for probate and is yet to be named the administrator of the estate. The only thing is, all of us siblings live in Europe. Do we gave to show up at the court or is she going to be named the administrator regardless? We really can't travel to the US right now and we are not really at the best terms with that woman. We just want the whole process to be done and for the estate to be distributed fairly. I assume the court pleadings can be handled via mail?