Login required to started new threads

Login required to post replies

School me on the probate process
Quote | Reply
My mother passed away a few days ago and I just learned I am the executor of her estate. She did not have much, a house and some land, and a few retirement accounts. I am not going to retain council for this since the process seems rather straight forward but I am sure I am over looking something,

Advice?
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
What state?

_________________________________
I'll be what I am
A solitary man
Quote Reply
Re: School me on the probate process [last tri in 83] [ In reply to ]
Quote | Reply
West Virginia
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
Did she have a will?

_________________________________
I'll be what I am
A solitary man
Quote Reply
Re: School me on the probate process [last tri in 83] [ In reply to ]
Quote | Reply
Sorry, guess I should of included that part. Yes she did have a will. It was pretty simple, but it was notarized, left her estate to my sister and I to split. I have another sister which was left out of the Will since they were estranged.

The right thing to do is to include the estranged sister when it comes time to split up the assets.
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
Castaway wrote:
Sorry, guess I should of included that part. Yes she did have a will. It was pretty simple, but it was notarized, left her estate to my sister and I to split. I have another sister which was left out of the Will since they were estranged.

The right thing to do is to include the estranged sister when it comes time to split up the assets.

sure, but what if the non-estranged sister doesn't want to do that?

for the retirement accounts - check to see if they had a designation of beneficiaries.

also - it's too late for you, but some states (including WV), have "transfer on death deeds" for real property - i think by doing this you could have avoided probate for that property - https://www.nolo.com/...book/chapter5-1.html

Sorry for your loss.

note: not a lawyer
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
http://www.dinsmore.com/files/Event/54aeb664-b324-425c-b497-92cf46bf2831/Presentation/EventAttachment/4ee2cfda-cc90-49e7-8edd-ae1ae56a3ab5/67671.pdf


That's the material from a presentation by some West Virginia probate lawyers to paralegals, to teach them how to help handle a probate there.


Then there's:


https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=west%20virginia%20probate%20process

War is god
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
The situation with the sister adds a wrinkle.

If you decide to do this on your own, remember to do everything by the letter. As the executor, I think you are considered to have fiduciary responsibility to the estate.

Also not a lawyer but I like big words.

_________________________________
I'll be what I am
A solitary man
Quote Reply
Re: School me on the probate process [last tri in 83] [ In reply to ]
Quote | Reply
And if you're the PR (personal representative), you will have a fiduciary duty to the "included person" not to include the "excluded person" in the distribution of assets. If you give assets to the "excluded person" then you could (will?) be liable to the "included person" for the portion of her share that was diluted by including "excluded person."

What's the value of the estate? Here in California, if the total value of the estate is $150K or less then there's a streamlined process called a Summary Administration of Estate, or something like that.

War is god
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
Castaway wrote:
Sorry, guess I should of included that part. Yes she did have a will. It was pretty simple, but it was notarized, left her estate to my sister and I to split. I have another sister which was left out of the Will since they were estranged.

The right thing to do is to include the estranged sister when it comes time to split up the assets.

Why would that be the right thing to do? I would think (and the courts would agree) that giving effect to the clearly-expressed wishes of the deceased is the right thing to do. Assuming, of course, that the will is legally sufficient.
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
Sorry for your loss

Hiring an estate attorney will make you life easier especially if the sister who was left out of the will tries to argue the validity of it. Preparing taxes, final accounting that type of stuff. Also depends on the size of the estate. But may be worth asking around what some of the local attorneys charge.

Off the top of my head.
You'll have to file the will with county court house. You can most likely get a pretty good check list of what you are required to do while there. You will receive short certificates (shows you are appt'd to act on behalf of the state) which you will need for retirement accounts you mentioned. As well as bank accounts. You'll also need affidavit of domicile for these accounts. The institutions where the accounts are held can usually provide you the document you just have to fill out and get notarized. Death certificates, depending on if there's a lot of accounts spread around you may want to check to see who will take copies of the DC and short. That will save you from having to order a lot of them. If there's any taxable investment accounts be sure to ask for a date of death valuation. I'll assume the retirement accounts are IRA's. Which case you and your sister will open up inherited IRA's which your share of moms account will go. Then you'll have to decide to take the money outright or stretch it. There's rules involved here in relation to RMD's. Make sure where ever you set up the accounts go over this stuff with you.

Check all this stuff out locally. Not a lawyer but I deal with this stuff time to time for work. All the stuff I listed is pretty straight forward and you can figure out. Hopefully this will save you some wasted steps.

"I think I've cracked the code. double letters are cheaters except for perfect squares (a, d, i, p and y). So Leddy isn't a cheater... "
Quote Reply
Re: School me on the probate process [Castaway] [ In reply to ]
Quote | Reply
Castaway wrote:
Sorry, guess I should of included that part. Yes she did have a will. It was pretty simple, but it was notarized, left her estate to my sister and I to split. I have another sister which was left out of the Will since they were estranged.

The right thing to do is to include the estranged sister when it comes time to split up the assets.


Sorry for your loss.

I think including your sister is the right thing to do. You're a good person for it, but your other sister may also have to be on board. Are you the executor?

My understanding is that it's largely a state by state process, so what might be the right way here may not be what is appropriate there. That said, let me talk tomorrow to one of my partners who has a trust and estate practice. He might be able to give some direction or at least point to some helpful resources.
Last edited by: AlanShearer: Jan 11, 17 20:05
Quote Reply
Re: School me on the probate process [AlanShearer] [ In reply to ]
Quote | Reply
Thanks for the input everyone, it helped me wade through the probate process. It seems pretty straight forward being the executor of the estate. As someone said above, the left out sister could make this a bit more complicated then it needs to be, if she decides to contest the will. I hope to file the probate info in the coming weeks and then see what happens. If she is going to contest it, since there was no provision for her I would expect her to do it during that time. From the reading I have done, she really does not have grounds to do so. The Will has been in place for almost 20 years, and they were estranged for 19 of those years. Interesting that she decided to come around in the final months.

If she plays nice then perhaps we(beneficiaries) will make provisions for her, if she does not, then it gets more complicated and I will have to hire an attorney. All of this for a petty amount of money. It is incredible what people will do for it.
Quote Reply