My mom's will leaves everything to me. Everything includes her house (in which I have lived since I bought it in 2015, but sold to her at fair market value in 2019 after she sold her home), and 2 bank accounts ( I am joint on each ) and her down-sized possessions, some jewelry (definitely not "priceless" things, and a few odds and ends currently at a storage unit).
Around here (Florida), if I hire a probate attorney, it will be somewhere around a total of $3,500. I am told it does have to go through probate, between 4-6 months. I want to do things right and legally but if I can avoid this cost, it would be helpful. Per the previous advice of her elder law attorney, Mom bought my house at fair market value in July 2020 and the plan was for her to gift it to me after 2 years. The elder law attorney advised her/us not to do a trust as Mom didn't have "enough" to make it worthwhile. It would have been $2,700 at the time; but now I am told by someone to see a probate attorney and that it will be about $3,000 for Atty fee and $500 for filing fee.
My mom passed away at 97 this past Monday. I am still planning a funeral, but if I need to hire an attorney, I want to just make the appointment soon for after the funeral next week, as the 4-6 month timeline seems so long.
Please only answer if you really know something about this. Thank you.
Use the attorney. YOU WILL BE GLAD, in my humble opinion that you did. This isn't something you can afford to do wrong.
Yes you can most of this yourself . You may want to consult an attorney to be sure everything you need to do is done correctly
1. Are you the only child?
2. Are there any contentious relatives?
3. Did your mother have a will?
4. Have you read the will carefully?
5. Are you the executor or personal representative named in the will?
6. Is the house in the will?
7. Have you filed the will with the probate court?
8. Did your mother owe anyone money?
9. Do you know in whose name the house is titled?
10. Do you know where you're mother's financial documents are?
After a person's death, there are usually several things the executor has to do in a timely fashion. Some include inserting a notification of your mother's death in a local newspaper. You also have to alert Social Security that your mom has died. You will want to pay all bills you know of or should know of, such as hospital bills.
AlvaDeer's advice is spot on. Particularly because the estate contains real property that will most likely have to be retitled, it would be wise to find a good probate attorney. If you do, call the attorney's office and find out if they bill a flat fee or by the hour.
If the flat fee works for you, go with that. If you prefer to be billed by the hour and you want to save money, ask what documents you should bring with you. In addition, you can find probate checklists online to help you figure out what needs to be done and when. Look at at least two. They are not fool-proof and you have to remember that laws differ from state to state.
These are suggestions and not legal advice.
If you are the sole heir to your mother and the named executor of her will then all you have to do is bring it down to the probate court and file it. There may be some fees that you will have to pay and if she owed any bills whomever they were owed to can submit a claim.
I never heard of a person having to hire a lawyer to probate a will.
If you're planning to use some money in your mom's will to help pay for the funeral, you could probably look up the information on an estate website.
My husband died of a heart attack unexpectedly at the age of 57. I know nothing about wills neither did his siblings. It was my brother who dealt with his estate. However, by the time my brother dealt with the will, two years had passed.
What I'm saying is, yes if you understand estate law, by all means do it yourself and save money. But please don't try doing it now. Give yourself time to get through the funeral and the mourning process. Then, after say three to six months, log onto an estate probate page which may be able to help you through the process with having to hire an attorney.
God Bless
I just reread your post. So it is ok and legal to put this off for a few months? I am so stressed with it all now. But if I do, what about her credit card that has a balance? ( I am a "user" not an "owner" on that bill. ) Would I just not use it, but not pay on it either (with her money) ? And her bank accounts which I am joint on, can I just transfer that money to my account ? Would I then go ahead and notify them of Mom's passing and close them?
Intestate will need to show who are supposed heirs and why. If deceased was married before and could have kids from those marriages or outside of marriage or kids predeceased parents, all that really needs to be verified as all could be in the line to be a heir. And that means Notice placed in newspapers or journals of records wherever the deceased lived or owned property in the past; means a search of old courthouse and tax assets records, old obits. It’s not imo ever a DIY, there r probate attorneys who do nothing but intestate work. Tend to be women attorney and it’s not expensive, needs 4-6 mos to do research and post Notices. They work a region if your in a bigger state and have their law card registered with all the county courthouses in the region they work within. The paperwork tends to be getting something from 1 county CH to another and they can do it all online via their law card #. I had this the first time I was an executor ages ago for my dads “Aunt” as her first marriage hubs died intestate and she kinda ignore dealing with what he owned, it was a subset to get done to clear out her probate…. absolutely no way that I on my own could know how to do the research and get stuff notarized and filed. A good intestate attorney can do what’s needed all nice & neat with a bow on it for the probate judge to sign off on. DIYing it does not imo.