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Posted: 6/20/2024 3:19:32 PM EDT
So, after a year of battling pancreatic cancer my mom passed away still thinking that she would live. That thought process is why I am at the point I am with her assets and how to proceed.
 The situation: I have a signed will , but not notarized She has two bank accounts. One in Florida and one national bank. Cash holdings in excess of $100k Her only asset is some jewelry and an older car that she specifically names who should get in her will and that she and I discussed. There are three kids and she wrote out one of the kids , my sister. My mom felt that she had given my sister her share over the past 10 years , and looking at how much she gave , I would agree. So im assuming this will go to probate and get hashed out in some way? Should I hire and attorney to sort the mess or try myself? I do not have the death certificate yet , so just trying to formulate a plan. And yes I pleaded with my mom for years to get an official will and she refused to do it. thanks |
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Posted: 6/20/2024 3:23:28 PM EDT
[#1]
Probate lawyer. Now.
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MO, USA
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Posted: 6/20/2024 3:25:47 PM EDT
[#2]
Get that lawyer but your sister will probably be getting a cut.
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Posted: 6/20/2024 3:27:34 PM EDT
[#3]
You will need to contact a probate attorney that is local to your county/state as laws and procedures vary. For instance, in Texas notarization is
In my county in Texas, only an attorney can file probate. So we had no choice. We found many "flat rate" attorneys who would do the entire thing for $1500-$2500. I am assuming you are named as the executor? If the will is not "self proved" for some reason, the court can choose to validate it. Ours had a problem - the witnesses did not put their age, so the court had them join a zoom call and swear their age as testimony, and that was that. |
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WA, USA
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Posted: 6/20/2024 3:34:11 PM EDT
[#4]
Was there a power of attorney?
That would help with the lack of a will |
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VA, USA
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Posted: 6/20/2024 4:08:54 PM EDT
[Last Edit: SpanishInquisition]
[#5]
If not notarized, at least 2 witnesses to witness signature on will?
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Posted: 6/20/2024 4:10:44 PM EDT
[#6]
Probate court will probably require hiring an attorney and buying a bond if you are the estate representative. Costs for an attorney might be layed out in state statutes.
In Missouri the personal representative submits an estate inventory to the court. I included only items with a title, an insurance policy, and refundable deposits on utilities. All of the personal stuff was given away or trashed. No estate sale, all that junk has to be inventoried with an estimated value, and don't estimate high or an explanation is required for selling for less money. If you are the beneficiary of the bank accounts, that means smooth sailing. You'll need to notify Social Security and get a TIN from the IRS for filing taxes. Anyway, just a bit of my experience in a different state. The estate required over a year to settle due to the judge dragging her feet. |
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Posted: 6/20/2024 4:13:26 PM EDT
[#7]
Quote HistoryOriginally Posted By FALARAK: You will need to contact a probate attorney that is local to your county/state as laws and procedures vary. For instance, in Texas notarization is In my county in Texas, only an attorney can file probate. So we had no choice. We found many "flat rate" attorneys who would do the entire thing for $1500-$2500. I am assuming you are named as the executor? If the will is not "self proved" for some reason, the court can choose to validate it. Ours had a problem - the witnesses did not put their age, so the court had them join a zoom call and swear their age as testimony, and that was that. Yes, I am named as Executor. |
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Posted: 6/20/2024 4:14:48 PM EDT
[#8]
Quote HistoryOriginally Posted By HDDAWG: Was there a power of attorney? That would help with the lack of a will Not that I have been able to find. I spent two days going through 20 years of banking and copies of bills she had accumulated. |
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Posted: 6/20/2024 4:15:06 PM EDT
[#9]
Quote HistoryOriginally Posted By SpanishInquisition: If not notarized, at least 2 witnesses to witness signature on will? I do have that at least. |
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Posted: 6/20/2024 4:22:36 PM EDT
[#10]
Quote HistoryOriginally Posted By Network_Daddy: Get that lawyer but your sister will probably be getting a cut. 99.87% likely. We had a different experience. My wife was executor, and her brother had definitely milked Mom for his 1/3 and then some already, and she said so in her signed but un-notarized will. He actually respected Moms wishes and didn't contest. She did leave him her house, but that wasn't worth a lot. |
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Posted: 6/20/2024 4:49:39 PM EDT
[#11]
Quote HistoryOriginally Posted By Sajer: I do have that at least. No experience in Indiana, but that sounds good enough for Michigan. |
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Posted: 6/20/2024 4:56:03 PM EDT
[#12]
Quote HistoryOriginally Posted By HDDAWG: Was there a power of attorney? That would help with the lack of a will In what ways will a durable power of attorney help? My understanding is that a durable power of attorney is only in force while the person is alive and ends with the death of the principal. |
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FL, USA
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Posted: 6/20/2024 5:13:38 PM EDT
[#13]
Florida requires two witnesses, a notary only counts as one. Had to go to probate because my parents wills were notarized only so no good.
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Posted: 6/20/2024 6:22:58 PM EDT
[#14]
In WV it doesn't have to be notarized, just witnessed by two people who are not beneficiaries. Assuming that your mother was a resident of Indiana when she passed, it looks like the same standard applies: https://www.lawinfo.com/resources/wills/indiana/
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TN, USA
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Posted: 6/20/2024 7:38:00 PM EDT
[#15]
Quote HistoryOriginally Posted By FB41: Probate lawyer. Now. Deserves to be repeated. You don’t know what you don’t know. |
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Posted: 6/20/2024 8:04:12 PM EDT
[#16]
Yeah, get a lawyer if it's going to be contested. I've been executor for 2 estates. It's a pain in the ass when it goes smoothly... a lot of work. Add a fight and you want a pro.
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Posted: 6/21/2024 7:48:37 AM EDT
[#17]
any chance the bank accounts are set up to avoid probate, for example with you or a sibling as co-owner joint tenants with right of survivorship, or "pay on death POD" beneficiaries named?
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Posted: 6/21/2024 8:10:13 AM EDT
[#18]
Quote HistoryOriginally Posted By aggiesq: any chance the bank accounts are set up to avoid probate, for example with you or a sibling as co-owner joint tenants with right of survivorship, or "pay on death POD" beneficiaries named? She had indicated that this was the direction she was thinking about , but no idea if she did. Once I have the Death certificate I can at least try this and then get the attorney. thanks everyone |
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NC, USA
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Posted: 6/21/2024 9:02:22 AM EDT
[Last Edit: mardoc]
[#19]
When my Dad died I had a signed and notarized will.
I was the executor I knew there would be no family problems with it, but I still hired a lawyer to maneuver all the legal estate issues. It was the best $1200 I spent. |
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Posted: 6/21/2024 9:26:29 AM EDT
[Last Edit: fsjdw2]
[#20]
Quote HistoryOriginally Posted By FB41: Probate lawyer. Now. Notarized is a thing for a reason. Also you are clearly an interested party so it could easily be said by a sibling “my brother forged my mothers signature on the will… knowing she would be dead She can’t contest it” Or “mom was high on OxyContin due to pain and couldn’t tell what she was signing, she thought it was a fedex package reciept” You are an interested party by a large margin. If you and your other sister were witnesses to mom cutting sibling 3 out of will, how does that look ; It can easily look like sibling 1 and 2 conspired to cut siblings 3-9 out of the will. Heck, given enough money sibling 4 might “find” a will signed by mom after yours and sibling 6-7 witnesses the signing. So yeah lawyer, do everything above board and transparent; I’d assume a probate lawyer has “estates for dummies” excel graphs already made up with pie charts for 50% of the population. |
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TX, USA
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Posted: 6/25/2024 4:42:21 PM EDT
[#21]
Quote HistoryOriginally Posted By HDDAWG: Was there a power of attorney? That would help with the lack of a will PoA ends when person dies. |
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TX, USA
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Posted: 6/25/2024 4:46:04 PM EDT
[Last Edit: RenegadeX]
[#22]
Quote HistoryOriginally Posted By Sajer: Yes, I am named as Executor. You can only be an executor if you have a valid will or it is court ordered. From what you wrote, you do not have a valid will. You need to file an Application for Heirship (or whatever it is called in your state), the court will then appoint you Executor. In many states lack of will means assets are evenly distributed to next of kin. Sis is getting 1/3 while you do all the work. |
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OH, USA
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Posted: 8/16/2024 1:44:57 PM EDT
[#23]
Quote HistoryOriginally Posted By HDDAWG: Was there a power of attorney? That would help with the lack of a will A Power Of Attorney ceases to be valid at the time and date of death. At least, that is what happened when my Dad died... |
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Posted: 8/16/2024 2:18:11 PM EDT
[#24]
I cannot speak to the probate laws in the State of Indiana but in New York State a will can be valid if duly executed by the testator in the presence of 2 disinterested witnesses (who would not take under the will). The witnesses will have to sign an affidavit of attesting witness before the will to be admitted to probate. Notarization is only required if a self proving witness affidavit is attached to the will.
Consult an attorney in your jurisdiction well versed in probate practice. |
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Posted: 8/16/2024 3:26:12 PM EDT
[#25]
Quote HistoryOriginally Posted By FB41: Probate lawyer. Now. This, probably still have to go thru probate and a hearing, are you an only child or good relationship with siblings, etc? |
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Posted: 8/16/2024 3:43:08 PM EDT
[#26]
Only an experienced attorney admitted in your state can help.
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