Archive for May, 2007
Why does the house have to go through probate?
anneward asked:
My mom put her house in both our names a few years ago, she passed away a few months ago, why does the house have to be included in the probating of the estate if my name was on it already?
Francis Warnasch
My mom put her house in both our names a few years ago, she passed away a few months ago, why does the house have to be included in the probating of the estate if my name was on it already?
Francis Warnasch
NY State probate: is there a way to stop there summary judgement?
Legandivori asked:
It superceeds my motion for discovery. Mother and brother are trying to cheat me out of inheritance in my deceased dad’s estate in his will. Mom wants this summary judgment to finish probate without her and my brother co-executives and co trustees to have to be deposed. They have stolen, cheated me, etc. Discovery could eaily show there was a conpiracy and collusion to defraud me, and that dad was incompetent and their attorney was complicit. Any cases? Can rules of court be suspended, bent? Are there cases where probate is held up until my request for discovery is finished and they are deposed?. They cross motioned via the summary judgment which is not allowing discovery to happen.
Janean Roskam
It superceeds my motion for discovery. Mother and brother are trying to cheat me out of inheritance in my deceased dad’s estate in his will. Mom wants this summary judgment to finish probate without her and my brother co-executives and co trustees to have to be deposed. They have stolen, cheated me, etc. Discovery could eaily show there was a conpiracy and collusion to defraud me, and that dad was incompetent and their attorney was complicit. Any cases? Can rules of court be suspended, bent? Are there cases where probate is held up until my request for discovery is finished and they are deposed?. They cross motioned via the summary judgment which is not allowing discovery to happen.
Janean Roskam
Does anyone know if you can probate a will after the person that everything was left to has passed on?
sabuilder asked:
My father-in-law died in 2000 leaving everything to my husband’s stepmother. His stepmother died in 2007, and my father’s will was never probated. Now, my stepmother’s kids want my father’s will probated. Is that legal in the State of Georgia?
Brian Zeilinger
My father-in-law died in 2000 leaving everything to my husband’s stepmother. His stepmother died in 2007, and my father’s will was never probated. Now, my stepmother’s kids want my father’s will probated. Is that legal in the State of Georgia?
Brian Zeilinger
I need help finding a good probate lawyer for child support issues?
Rebecca V asked:
I filed a modification for child support and he owed back support. The modification was filed in 2007 and yesterday I got a letter saying they closed my case. My ex still owes me money. The state says he doesn’t. I have documentation to back me up. Help!
Cory Bieker
I filed a modification for child support and he owed back support. The modification was filed in 2007 and yesterday I got a letter saying they closed my case. My ex still owes me money. The state says he doesn’t. I have documentation to back me up. Help!
Cory Bieker
To Avoid Probate You Need a Living Trust Besides a Will
Ensuring that a client’s estate does not go through probate is one of the main goals of estate planning. Why? Because probate costs money, takes time, and can cause major aggravation.
First, here are some of the important terms in estate planning: Living Trust – a trust set up during a person’s lifetime (during which the trust may be changed or revoked) to avoid probate.
Probate – the legal process by which a will is proved to be valid and binding (can be a lengthy and expensive process).
Will – a formal legal document directing the disposition of assets upon death.
Why it is important for an estate to avoid probate: In the May 2008 American Bar Association Journal an attorney in Chicago says: “Probate in Illinois is relatively painless, so long as there is no litigation associated with it. Probate requires only two court appearances, and the decision-making does not require court approval, so long as there is no litigation or upset heirs interfering with the administration of the estate.” There can easily be totally unexpected upset heirs interfering with the administration of the estate. And even just paying an attorney’s hourly rate for two court appearances and various court filings can cost heirs a great deal of money.
Probate fees can take a big bite out of a small estate: Attorney’s and executor’s probate fees are set by law in some states, such as in California. The estate’s attorney in California will be paid $13,000 for a small estate of $500,000, which with California housing prices is a small estate. And if the executor doesn’t waive the fee, he or she will also receive a fee of $13,000.
That’s right, $26,000 in fees for an estate that might consist of only a small residence! Plus court filing fees, probate referee fees, certified copy fees and aggravation too much to mention.
Privacy issue – probate is a public process: Another problem with probate is that it is a public process. A will becomes part of the records at the courthouse, and anybody who wants to can read it. If there’s a contentious relative being left out of a will, or if privacy is valued, probate should definitely be avoided.
A living trust solves these problems: What is needed so that an estate doesn’t have to go through the legal obstacles of probate? A will is not enough to avoid probate. A living trust is needed.
A living trust has the same instructions for the disposition of property that would be expected in a will. But since the trust is a pre-existing legal entity, it continues after death. Therefore, the estate does not have to go through probate since there are no assets that have to be “proved.”
Pour-over will takes care of any assets not transferred to the trust: A will is still needed in case there are any assets that have not been transferred to the trust. For example, the proceeds of a wrongful death lawsuit would be picked up by the will because these proceeds didn’t exist at the time the trust was set up. The will “pours” everything it covers into the trust, which is why it is known as a “pour-over” will.
The above information is only considerations for you to discuss with your own estate planning attorney; the information is NOT legal advice. The providing of this material does not establish an attorney-client relationship.
By: Mitchell Miller
About the Author:
First, here are some of the important terms in estate planning: Living Trust – a trust set up during a person’s lifetime (during which the trust may be changed or revoked) to avoid probate.
Probate – the legal process by which a will is proved to be valid and binding (can be a lengthy and expensive process).
Will – a formal legal document directing the disposition of assets upon death.
Why it is important for an estate to avoid probate: In the May 2008 American Bar Association Journal an attorney in Chicago says: “Probate in Illinois is relatively painless, so long as there is no litigation associated with it. Probate requires only two court appearances, and the decision-making does not require court approval, so long as there is no litigation or upset heirs interfering with the administration of the estate.” There can easily be totally unexpected upset heirs interfering with the administration of the estate. And even just paying an attorney’s hourly rate for two court appearances and various court filings can cost heirs a great deal of money.
Probate fees can take a big bite out of a small estate: Attorney’s and executor’s probate fees are set by law in some states, such as in California. The estate’s attorney in California will be paid $13,000 for a small estate of $500,000, which with California housing prices is a small estate. And if the executor doesn’t waive the fee, he or she will also receive a fee of $13,000.
That’s right, $26,000 in fees for an estate that might consist of only a small residence! Plus court filing fees, probate referee fees, certified copy fees and aggravation too much to mention.
Privacy issue – probate is a public process: Another problem with probate is that it is a public process. A will becomes part of the records at the courthouse, and anybody who wants to can read it. If there’s a contentious relative being left out of a will, or if privacy is valued, probate should definitely be avoided.
A living trust solves these problems: What is needed so that an estate doesn’t have to go through the legal obstacles of probate? A will is not enough to avoid probate. A living trust is needed.
A living trust has the same instructions for the disposition of property that would be expected in a will. But since the trust is a pre-existing legal entity, it continues after death. Therefore, the estate does not have to go through probate since there are no assets that have to be “proved.”
Pour-over will takes care of any assets not transferred to the trust: A will is still needed in case there are any assets that have not been transferred to the trust. For example, the proceeds of a wrongful death lawsuit would be picked up by the will because these proceeds didn’t exist at the time the trust was set up. The will “pours” everything it covers into the trust, which is why it is known as a “pour-over” will.
The above information is only considerations for you to discuss with your own estate planning attorney; the information is NOT legal advice. The providing of this material does not establish an attorney-client relationship.
By: Mitchell Miller
About the Author:
Watch the short free video on Mitchell R. Miller’s information site at http://www.estateplanningforyou.com to learn why an estate plan needs to be reviewed every 4-5 years. In addition, get a free copy of 4 Important Questions You Should Ask About a Living Trust prepared by Mitchell R. Miller – a tax, trust and estate attorney for over 30 years. EstatePlanningforYou.com is a subsidiary of http://www.millermosaic.com.
Margo Turnquist