How Probate Works When No Will

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  • Опубліковано 25 гру 2024

КОМЕНТАРІ • 488

  • @karissagallaher3382
    @karissagallaher3382 Рік тому +13

    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.

    • @hawke4395
      @hawke4395 9 місяців тому +4

      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.

    • @jyllian92
      @jyllian92 7 місяців тому

      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😢 UA-cam is my go too.

  • @Vera4962
    @Vera4962 3 роки тому +28

    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
      @salahudinstanford 2 роки тому +1

      I have some questions, is there anyways I can contact you?

    • @Utubin
      @Utubin 2 роки тому +1

      @@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

    • @energylady9409
      @energylady9409 2 роки тому

      @Nicole Eddy are you a estate attorney? I need help with my deceded dad's estate?

    • @mendoblendo321
      @mendoblendo321 Рік тому

      How is it going now?
      I'm dealing with a similar situation now

    • @ChooseForToday
      @ChooseForToday 3 місяці тому +1

      @@Utubin it's not wise to take legal advice from random strangers on the internet...

  • @LeppieLaddie
    @LeppieLaddie 3 роки тому +25

    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!

    • @leeanncornell8305
      @leeanncornell8305 3 роки тому +3

      Hugs. In the middle of hell in NY

    • @leeanncornell8305
      @leeanncornell8305 3 роки тому +1

      It goes.

    • @leeanncornell8305
      @leeanncornell8305 3 роки тому +2

      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

    • @LeppieLaddie
      @LeppieLaddie 3 роки тому +2

      @@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.

    • @Burritosarebetterthantacos
      @Burritosarebetterthantacos 3 місяці тому +1

      I’m a year in and it’s terrible.

  • @SkeensSeattleUSA
    @SkeensSeattleUSA 3 роки тому +65

    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!

    • @lindanorris2455
      @lindanorris2455 3 роки тому +1

      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.

    • @jodydietz3948
      @jodydietz3948 2 роки тому +3

      @@lindanorris2455 Did your brother steal everything then claiming he was the only heir?

    • @shackelfor1993
      @shackelfor1993 Рік тому +2

      My mother is currently going through this. It is definitely a nightmare. My condolences.

    • @dani323
      @dani323 Рік тому +1

      @@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!

    • @Trac82
      @Trac82 3 місяці тому

      ​@@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.

  • @davisgailitis
    @davisgailitis 11 місяців тому +7

    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

    • @williamlouie569
      @williamlouie569 7 місяців тому +1

      The system still want their pound of flesh where there's none left!

  • @lobomedina6312
    @lobomedina6312 Рік тому +8

    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
      @JR-vs1zl 10 днів тому +1

      It happens very often, I am getting an attorney now. Hope you recover fast from that situation. Blessings

    • @lobomedina6312
      @lobomedina6312 10 днів тому

      @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.

  • @onetruth4295
    @onetruth4295 3 роки тому +21

    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!

  • @gerrimiller3491
    @gerrimiller3491 Рік тому +10

    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?

  • @nicholasvarro7382
    @nicholasvarro7382 3 роки тому +17

    Great information! Thank you for taking the time to make a video and share this.

  • @tonyafondrenmyjourney
    @tonyafondrenmyjourney Рік тому +2

    Thank you I'm currently going through probate court now .

  • @normanmayer5209
    @normanmayer5209 3 роки тому +5

    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.

  • @pahrahinc3895
    @pahrahinc3895 3 роки тому +10

    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.

    • @NYCisland
      @NYCisland 3 роки тому

      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.

  • @iAmShenaG
    @iAmShenaG 4 роки тому +11

    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.

    • @stephancharles7165
      @stephancharles7165 3 роки тому +1

      Condolences and congratulations to you at the same time.

    • @iAmShenaG
      @iAmShenaG 3 роки тому

      @@stephancharles7165 Thank you :)

    • @kaylab5866
      @kaylab5866 3 роки тому

      Lucky ducky

  • @chrisdidonna7386
    @chrisdidonna7386 2 роки тому +24

    When my dad died my sister and her daughters were like vultures, descending upon the property and grabbing everything of value.

    • @jyllian92
      @jyllian92 7 місяців тому +5

      It’s sad how much people don’t realize that the material things are replaceable but the loss of the loved one is not.

    • @jyllian92
      @jyllian92 7 місяців тому +1

      😢

  • @meloniemcdowell8926
    @meloniemcdowell8926 11 місяців тому +1

    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❤

  • @angelavitulli6994
    @angelavitulli6994 Рік тому +5

    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 😊

  • @rekoj7524
    @rekoj7524 4 роки тому +25

    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

    • @americasestateplanninglawy1946
      @americasestateplanninglawy1946  4 роки тому +8

      I’m sorry for your loss. I’m glad the video helps.

    • @rekoj7524
      @rekoj7524 4 роки тому +2

      Thank you. Now the fun starts he had no property and totaled his truck in the accident so property is not an issue

    • @captainkrunch6372
      @captainkrunch6372 2 роки тому

      Lol, I doubt it

    • @sherriekoberevans3204
      @sherriekoberevans3204 Рік тому +1

      Helpful

    • @angelamc3532
      @angelamc3532 Рік тому +1

      @@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??

  • @dani323
    @dani323 Рік тому +7

    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!

  • @skywalker39100
    @skywalker39100 2 роки тому +2

    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.

    • @chittalkstudio
      @chittalkstudio 2 роки тому +1

      May I ask for a update, sorry for your loss ❤️🙏🏽

    • @skywalker39100
      @skywalker39100 2 роки тому

      @ChitTalk Studio Thank You. Sure, So far Prince George's County Registry of Wills, Move slow. Still waiting.

    • @mendoblendo321
      @mendoblendo321 Рік тому +1

      Updates?

  • @renesantana5731
    @renesantana5731 3 роки тому +5

    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.

  • @sherip1270
    @sherip1270 2 роки тому +4

    Thank you. I really appreciate how you give us a great example case. It fit our situation perfectly.

  • @roseanneking8984
    @roseanneking8984 2 роки тому +2

    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.

  • @CalicoRegent
    @CalicoRegent 3 роки тому +93

    This is completely insane. This disgustingly corrupt system needs to be removed from people’s lives.

    • @captainkrunch6372
      @captainkrunch6372 2 роки тому +19

      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.

    • @thegreypath1777
      @thegreypath1777 2 роки тому +8

      You don’t know insanity until you let people do whatever with property.

    • @pachucotirili
      @pachucotirili 2 роки тому +7

      Seems beurocratic and burdensome, not corrupt

    • @livefreedom1776
      @livefreedom1776 Рік тому +6

      @@pachucotirili till you get ripped off that’s what everybody says

    • @lobomedina6312
      @lobomedina6312 Рік тому +16

      @@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.

  • @sodapopibc2
    @sodapopibc2 Рік тому +22

    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.

    • @TomokoAbe_
      @TomokoAbe_ Рік тому +1

      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.

    • @Shanita162
      @Shanita162 5 місяців тому

      I’m sorry for your loss. How much would you say it cost you to handle everything yourself?

  • @kokobadazzsmith6531
    @kokobadazzsmith6531 Рік тому +3

    Thank you for this, it is a huge help

  • @paulthomasshepherd5156
    @paulthomasshepherd5156 Рік тому +4

    Sounds like legal fees could eat up all the asserts and even put the beneficiaries in dept with the legal fees.

  • @fembot521
    @fembot521 3 роки тому +4

    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.

    • @HamDarly
      @HamDarly 2 роки тому

      Am in the same boat it’s hurting been married 16 years 3 months before his death he changed everything

    • @Fido-vm9zi
      @Fido-vm9zi 10 місяців тому

      I don't get this. I thought assets go to spouses & children.

  • @walkinthepark3483
    @walkinthepark3483 3 роки тому +8

    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.

    • @diane-countryhut
      @diane-countryhut 3 роки тому +2

      - 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

    • @NYCisland
      @NYCisland 3 роки тому +2

      There are other videos on that from other UA-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.

    • @ChooseForToday
      @ChooseForToday 3 місяці тому

      @@diane-countryhut crazy, since being the eldest doesn't necessarily mean the fairest, or most equipped, to handle such matters.

  • @pipilnipaolo
    @pipilnipaolo 2 роки тому +3

    Thank you for this information. Can you make a video for procedures for foreign beneficiaries and the deceased also had no will?

  • @schawnettarobinson8584
    @schawnettarobinson8584 2 роки тому +3

    It’s a nightmare. Great video. Thank you so much.

    • @Mrs.TJ516
      @Mrs.TJ516 8 місяців тому

      Yes it is I just started the process 😕

    • @schawnettarobinson8584
      @schawnettarobinson8584 8 місяців тому

      @@Mrs.TJ516 Please keep me updated.

    • @Mrs.TJ516
      @Mrs.TJ516 8 місяців тому

      @@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 💕💕

  • @78tag
    @78tag 4 роки тому +20

    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!

    • @scottmiller4859
      @scottmiller4859 3 роки тому +4

      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

    • @scottmiller4859
      @scottmiller4859 3 роки тому +3

      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

    • @leeanncornell8305
      @leeanncornell8305 3 роки тому +4

      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

    • @b.g.5129
      @b.g.5129 3 роки тому

      @@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?

    • @lindanorris2455
      @lindanorris2455 3 роки тому +1

      THE LAWYERS WHO ADMINISTERED MY FATHER' S ESTATE WAS FILLED WITH SNAKE OIL!

  • @foxslayer321
    @foxslayer321 2 роки тому +1

    Thanks again for your time

  • @lynnmcmillian5137
    @lynnmcmillian5137 2 роки тому +1

    Thank You For Your Service

  • @amyc5312
    @amyc5312 2 роки тому +7

    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!

  • @tomchambers9787
    @tomchambers9787 2 роки тому +1

    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

  • @srolli7528
    @srolli7528 2 роки тому +3

    Thank you sir for this information. It was definitely helpful.

  • @davidrhyne7358
    @davidrhyne7358 3 роки тому +9

    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

    • @mendoblendo321
      @mendoblendo321 Рік тому +1

      This is something I've been looking for to get answered as well. Any luck?

  • @jayaghoorah9515
    @jayaghoorah9515 Рік тому +1

    Thank you for all your videos. They are very informative.

  • @robstranger.1
    @robstranger.1 3 роки тому +1

    I will use this info. to interview attorneys for probate. Thank you!

  • @ofcourse7357
    @ofcourse7357 2 роки тому +4

    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.

    • @johnd4348
      @johnd4348 7 місяців тому

      you got screwed

    • @ofcourse7357
      @ofcourse7357 7 місяців тому

      ​@@johnd4348If you can elaborate, I'd appreciate it.

  • @Burritosarebetterthantacos
    @Burritosarebetterthantacos 3 місяці тому +1

    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.

  • @janabuchheit3389
    @janabuchheit3389 2 роки тому +1

    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?

  • @kathy13volpe
    @kathy13volpe 3 роки тому +8

    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.

    • @ericAlohaMoanaWaves
      @ericAlohaMoanaWaves 2 роки тому

      wow good luck.!!
      i haven’t found a will for my dad…

    • @JR-vs1zl
      @JR-vs1zl 10 днів тому

      The will should have been recorded? You can find it where,?

    • @JR-vs1zl
      @JR-vs1zl 10 днів тому

      It may, I believe be recorded in the county where the person passed away.

  • @Kashikoi82
    @Kashikoi82 4 роки тому +9

    This is some good info going though the process right now

    • @darronreed6703
      @darronreed6703 3 роки тому

      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

    • @caileighgouthro1365
      @caileighgouthro1365 3 роки тому

      Am going through something similar here too.

  • @kelseecantu1541
    @kelseecantu1541 3 роки тому +9

    This is a great video thank you so much for making this!!😃🏡

  • @DivineCreations99
    @DivineCreations99 4 роки тому +2

    Ty for your time and sharing your knowledge!

  • @pedro.zurita
    @pedro.zurita 3 роки тому +4

    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
      @SusieAspen 3 роки тому

      No one ever noticed the person was dead?

    • @pedro.zurita
      @pedro.zurita 3 роки тому

      @@SusieAspen Well...it never really was an issue and nobody ever asked. Property was always maintained.

    • @SusieAspen
      @SusieAspen 3 роки тому

      @@pedro.zurita Someone always paid the taxes?? I think you need an attorney to figure out who owns it now.

    • @pedro.zurita
      @pedro.zurita 3 роки тому

      @@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

    • @SusieAspen
      @SusieAspen 3 роки тому

      @@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.

  • @joesewsanker5604
    @joesewsanker5604 6 місяців тому

    Thank you for being an professional!

  • @LaurenSoniaPrager
    @LaurenSoniaPrager Рік тому +1

    Need more help. No parents, mom died without a will (intestate probate) - Want to know how long probate court takes? I am coming from Israel. So stressed. My brother doesn't have a passport to come with me so I have to set up payment plans for the bills but at least no mortgage/ liens/ or property taxes of this year. Does it matter if the death certificate is in a different language or do I need the English version? Thanks

  • @itsjust._nalyn
    @itsjust._nalyn 27 днів тому

    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

  • @lifeisart8120
    @lifeisart8120 2 роки тому +1

    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?

  • @yoshimra
    @yoshimra 3 роки тому +2

    You didnt go too fast. I understood it as it went. Very well explained.

    • @mettamorph4523
      @mettamorph4523 Рік тому

      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.

  • @spellru23
    @spellru23 3 роки тому +3

    Thank you, this was excellent advice.

  • @moniquelawhorne5447
    @moniquelawhorne5447 3 роки тому +1

    It’s 13:32 -for me thank you 🙏

  • @SaltyEike
    @SaltyEike 4 місяці тому

    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.

    • @FisherMan-g2z
      @FisherMan-g2z 3 місяці тому

      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.

  • @ramblinrobs47
    @ramblinrobs47 2 роки тому

    Thank you, you totally described my situation, My dad just died age 70 , devorced, 3 kids, 1 house with a small mortgage. No will. Thank you! I appreciate you for taking the time to make this video.

  • @1koolies
    @1koolies 3 роки тому +1

    Thank you for your help.

  • @tammyellis8384
    @tammyellis8384 Рік тому +2

    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.

  • @viviancourtneychism8286
    @viviancourtneychism8286 2 роки тому +1

    Can you recommend an Estate lawyer or planner in northeast Arkansas?

  • @santiago4744
    @santiago4744 2 роки тому

    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.

  • @lailaatallah1857
    @lailaatallah1857 3 роки тому +5

    Fantastically helpful!
    I hope you’ll do more similar videos in the future. :-)

  • @GabeLambert-x8b
    @GabeLambert-x8b 10 місяців тому

    Is the First And Final Account Being approved by the register of wills and orphaned court judge the Last Process before distribution?

  • @shelly6972
    @shelly6972 9 місяців тому +1

    It was helpful

  • @alij9167
    @alij9167 4 місяці тому

    A question
    Do you know , in the case of intestacy, what is the name of the legal document ( issued by court)in which the name of the beneficiaries and their share is mentioned? Thanks a lot

  • @Bmywudt2
    @Bmywudt2 3 роки тому +2

    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?

    • @NYCisland
      @NYCisland 3 роки тому +1

      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.

    • @Bmywudt2
      @Bmywudt2 3 роки тому

      @@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?

  • @robjohn6943
    @robjohn6943 18 днів тому

    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.

  • @tabai-iu4nq
    @tabai-iu4nq 3 роки тому +2

    Thank for making this so informative video.

  • @bryang9290
    @bryang9290 Рік тому

    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?

  • @manuelchavez3431
    @manuelchavez3431 Рік тому +2

    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

    • @Mrs.TJ516
      @Mrs.TJ516 8 місяців тому

      Was she married?

    • @jyllian92
      @jyllian92 7 місяців тому +2

      Probate court is a very good thing if you have no access to the funds

    • @jyllian92
      @jyllian92 7 місяців тому +1

      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.

    • @JR-vs1zl
      @JR-vs1zl 10 днів тому

      Do attorneys get paid , from the settlement?

  • @kuweebohuvu5158
    @kuweebohuvu5158 2 роки тому

    so I grew up in the house my grandparents had a mortgage own I am not kin to them but they took me in as their own doi have a right or the house or probate is only for children of kin?

  • @jessicapatterson8959
    @jessicapatterson8959 3 роки тому +2

    My father passed and me and my sister are his direct descendants. He didnt leave a will but i am living in his mortgage home and taking over the mortgage. Bank accounts are taken care of and closed. The only probate asset is the home and my sister is moving out and he just refinanced and started over last year. Is there a rush to probate? And through probate can creditors come after the home? Can my sister sign her half of the home over to me since im payin the mortgage and starting over?

  • @cute2neko
    @cute2neko 2 роки тому

    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

    • @cute2neko
      @cute2neko 2 роки тому

      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

  • @annrobertson5791
    @annrobertson5791 3 роки тому +7

    What if Ike was married and all his assets were titled jointly with wife? Does she have to go to probate?

  • @carmella88
    @carmella88 3 роки тому +2

    How does it work when the administrator wants to buy out the other heirs ?

  • @rsoxx74
    @rsoxx74 Рік тому +2

    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?

    • @mmp495
      @mmp495 Рік тому +1

      I would consult with an attorney to see what rights you have. I’m hoping for the best. 🙏🏼

  • @Itmee1974
    @Itmee1974 4 роки тому +1

    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

  • @lorraine7049
    @lorraine7049 6 місяців тому

    Does this has to be followed if there is a life insurance policy, but no beneficiaries named?

  • @justyoung5785
    @justyoung5785 2 роки тому

    Thank You. This vlog is very informative.

  • @captainkrunch6372
    @captainkrunch6372 2 роки тому +1

    I am thoroughly discussed with the legal system with the it has to be the original will not a copy, usually the person holding the original will is the person that dies. My mother preceded my step father in death my step father just passed in Florida and my step brother has acces to the property as he lives there says there is no will. He probably destroyed it. Now I will have to come up with 10,000 dollars to hire a lawyer that I can't afford to get the copy admitted into probate I have affidavit from the notary that signed the original will. WTF, this is set up to make lawyers money and screw over the public. Now I'm not gonna recieve my mother's inherentance.

  • @b.g.5129
    @b.g.5129 3 роки тому +2

    Does the Bank voluntarily freeze all accounts and debit cards of a decedent without notice?

    • @LeppieLaddie
      @LeppieLaddie 3 роки тому +1

      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.

    • @nanali7245
      @nanali7245 3 роки тому +1

      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

    • @b.g.5129
      @b.g.5129 3 роки тому +2

      @@nanali7245 are you an only child?

    • @LeppieLaddie
      @LeppieLaddie 3 роки тому +1

      @@nanali7245 so sorry for you loss Nana. May your mom rest in peace 🌈

    • @nanali7245
      @nanali7245 3 роки тому +1

      @@b.g.5129 I am now.. My brother passed Aug 30 & my mom on Sept 2 due to COVID.

  • @teresabierd9001
    @teresabierd9001 Місяць тому

    What if the children do not want to be the administrator for various reasons? Thank you!

  • @appleappbuff
    @appleappbuff Рік тому

    What would be the topical time line on all of this?

  • @charlesprice6698
    @charlesprice6698 4 дні тому

    What if the executor moves the account to a private account personal account is that a crime or not

  • @borostergirl60
    @borostergirl60 Рік тому

    I wish you could tell me about NC. My father signed over all 10 acres to my brother. My father also died intestate. Now my brother wants me to sign a quitclaim deed..if he was deed over the land, why does he need me to sign a quitclaim deed?

  • @JR-vs1zl
    @JR-vs1zl 10 днів тому

    What is the cost of a simple probate. Just a retirement fund.

  • @shoreseniorliving
    @shoreseniorliving 3 роки тому +1

    Hey Paul.. Do you have access to Death Index records for PRE-Probate data (w/ property data verified and skip traced already)?

  • @UrbanGypsy407
    @UrbanGypsy407 3 місяці тому +2

    What if your corrupt family never filed with probate? My uncle/God father died way back in May. My aunt is lying, saying she can't find his will. My uncle did not die suddenly and worked in accounting and finance and was very successful in life. There is no way he didn't have a will drawn up with an attorney! Is there a time frame that one must start the process after one dies? It's like she is intentionally delaying distributing assets and property.

    • @NickHill-i8p
      @NickHill-i8p 2 місяці тому

      Did he have a specific attorney he used for business? I'd ask them if they know of a will.

  • @lmgchi2845
    @lmgchi2845 3 роки тому

    What if there a will but no one can find it does it come forth when things go into probate or how do you think you should find it

  • @lolaepinoza4074
    @lolaepinoza4074 2 роки тому +1

    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

  • @seanryan3715
    @seanryan3715 Рік тому +1

    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?

  • @clairem3543
    @clairem3543 4 роки тому +1

    Thank you very much for the education 💕

  • @grandmajane2593
    @grandmajane2593 3 роки тому +12

    Gosh, that's a lot of work. I remember when my father died, it about 3 years before everything was settled. It was frustrating. He had a will but it was a handwritten one, so there was a problem about that. Plus his wife made herself scarce. She had to be hunted down like a dog.

  • @aleagonzales
    @aleagonzales 4 роки тому +2

    My father has some credit card debt. Me and siblings want to keep the house (it was our grandparents) will we need to pay those debts for him?

    • @lynnharrell9598
      @lynnharrell9598 3 роки тому

      The administrator of the estate will have to post a notice in the local newspaper informing creditors that they must appear in court and/or file a claim on the debt owed. If they fail to make a claim within the time allowed, they may be barred against asking a claim later. If they file in the time allowed, the estate has to pay them them amount of the debt, if they don’t file in the time allowed, then no payment will be required by the estate.

    • @caileighgouthro1365
      @caileighgouthro1365 3 роки тому

      Possibly.

    • @NYCisland
      @NYCisland 3 роки тому

      @@caileighgouthro1365 Not true. Only the estate of the dead person owns the debt. Unless you are also on that person's loans or credit cards, you do not legally own that debt. If their estate can't pay it off, the creditor will eventually write off the debt after having proof of their death and that the estate has no funds to pay. It takes time to get it done.

  • @Mary-kq9oq
    @Mary-kq9oq 3 роки тому +2

    Is it legal for the deceased children to use the father's credit card??
    I think it mentioned in this video
    It sounds like a huge No,No

    • @nanali7245
      @nanali7245 3 роки тому

      Yes it’s very illegal. Sorry. I’m so glad I didn’t use my mom’s Discover credit card or I’d be sitting in prison right now

  • @ashesforbeauty6582
    @ashesforbeauty6582 3 роки тому +2

    Do I have to have an attorney to go through probate for a bank security box of someone deceased?
    If there was a will, it’s in the bank box. I have the keys but that’s not enough. They want me to go through probate

    • @NYCisland
      @NYCisland 3 роки тому

      Yikes! My estate planning attorney said never put the will in the bank security box as it too can likely be frozen. Is this original the only copy? Copies of the will should begiven to a few people and everyone should know where those copies are. They should know who drew up the will and give the attorney's business card for contact info.

    • @ashesforbeauty6582
      @ashesforbeauty6582 3 роки тому

      @@NYCisland thanks for responding. It’s a veryyy unique situation. He was wealthy and none of us knew it. He made huge donation to DAV just before he passed away. I’m the only one listed anywhere and I’m not kin. He got all his affairs in order and told me I’d have to do nothing after he died. He emptied his entire house of everything but one pair of socks and a few jello packets. The keys to bank box were left on the table. No will. No clue what’s in it if anythint

  • @calisingh7978
    @calisingh7978 Рік тому

    Is there a will registry incase it’s hidden or lost

  • @LatriceRichardson
    @LatriceRichardson 2 роки тому

    what happens if you don't want to sell the house?

  • @elizabethbatten9432
    @elizabethbatten9432 3 роки тому +1

    I wanted to make a Will years ago, but it is too expensive. Thank you, I will look into writing my own.

    • @SusieAspen
      @SusieAspen 3 роки тому +2

      There's some really good forms online for your state. There is also will software that works out nicely. Depending on your state, you may even be able to do a will in your own handwriting.

    • @haroldsneed
      @haroldsneed 3 роки тому +2

      Go to Office Depot and purchase the will CD. Load it, type in the underline information and print it. Have it notarized with witnesses and put it in your safe.

    • @leeanncornell8305
      @leeanncornell8305 3 роки тому

      Yes please do a will. My brother passed suddenly with no will in NY and I am going through hell and live in Maryland paying endless bills taxes on 2 houses in NY and house in Maryland. It is hell. Can't even grieve much running back and forth dealing with endless sh t. No end in sight. Plus Mom in nursing home in NY with dementia. Thank God she has no idea my brother passed and what is happening with her home etc. Th

  • @fastertoday2
    @fastertoday2 3 роки тому

    Can I enter into a Sale and Purchase contract with the other beneficiaries to buy out the house at a future date before the estate is formed?

  • @Reminiscence452
    @Reminiscence452 2 дні тому

    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.