can an attorney advise me how to handle dead father's estate

You can hire a local probate lawyer to help you probate the estate through either a formal or informal court proceeding (an affidavit of small estate) or, if the father's estate is too small even for this, let the proceeds go to the state comptroller as unclaimed property and, after a certain number of years have passed, prove that it should go to your son.

Full Answer

How do I begin the probate process after my father died?

The probate process can take years if the estate is complex or if the will is disputed. Obtain a certified copy of your father's death certificate from the county coroner or the mortuary where your father's body was taken prior to burial. Locate your father's will, if he left one.

Who is responsible for probate if there is no will?

This responsibility ultimately falls to whomever was named as executor or personal representative in the decedent’s will. Matters can be a bit more complicated when someone passes away without a will (a condition called intestacy), because it may not be clear who should handle the probate and estate administration processes.

What are my duties as executor of my father's estate?

This is true whether or not he left a valid will. If you have been appointed executor of his estate, you must also perform certain administrative duties throughout the probate process. Among other duties, you will be responsible for distributing property according to your father's will, if he left one.

What do I do if my father dies without a will?

Locate your father's will, if he left one. You need the original will with your father's original signature, along with a photocopy. Obtain an application for probate from the probate court with jurisdiction over the county where your father was living at the time of his death.

What to do if your father dies and leaves a will?

How to get probate for my father?

How to dispose of your father's last paycheck?

What are the duties of executor of estate?

How to get a will from your father?

How long does it take to probate a will?

What is the responsibility of an estate to pay all outstanding debts?

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About this website

Who takes responsibility for a patient's estate after death?

Two of the most common are the Executor and the Next of Kin, those not so familiar may be the Personal Representative, the Informant or the Administrator.

How do you deal with greedy family members after death?

Dealing with Greedy Family Members After a Death: 9 TipsBe Honest. ... Look for Creative Compromises. ... Take Breaks from Each Other. ... Understand That You Can't Change Anyone. ... Remain Calm in Every Situation. ... Use “I” Statements and Avoid Blame. ... Be Gentle and Empathetic. ... Lay Ground Rules for Working Things Out.More items...•

Does a beneficiary have to share with siblings?

The law doesn't require estate beneficiaries to share their inheritance with siblings or other family members. This means that if a beneficiary receives the entire estate, then they are legally allowed to keep it all for themselves without having to distribute any of it amongst their siblings.

How do you resolve family conflict over inheritance?

If you are anticipating an inheritance dispute with one of your siblings, consider the following mitigation strategies to help minimize conflict:1) Estate Planning can help prevent Estate Litigation. ... 2) Joint Ownership of a financial account. ... 3) Appointing a Neutral Personal Representative or Trustee.More items...•

Why do families fall apart after a death?

Even though we're all certain to die one day, most people can leave the planning to the last minute, or not at all. This failure to plan is one of the most common reasons some families fall apart when a loved one dies. A combination of heightened emotions, financial strain, and grief causes estrangement in families.

What should you not do when someone dies?

Top 10 Things Not to Do When Someone Dies1 – DO NOT tell their bank. ... 2 – DO NOT wait to call Social Security. ... 3 – DO NOT wait to call their Pension. ... 4 – DO NOT tell the utility companies. ... 5 – DO NOT give away or promise any items to loved ones. ... 6 – DO NOT sell any of their personal assets. ... 7 – DO NOT drive their vehicles.More items...•

How do you deal with a difficult family member at a funeral?

Minimizing Family Drama at the Funeral ServiceShow respect to all. Whether or not you respect the actions of family members, they are grieving too. ... Enforce your boundaries. ... Obituaries matter. ... Plan arrangements wisely. ... Be on your best behavior. ... Avoid gossip. ... A final word.

What causes people to be greedy?

Greed occurs when the natural human impulse to collect and consume useful resources like food, material wealth or fame overwhelms the constraints that maintain the social ties in a group, said Andrew Lo, an MIT professor who researches the relationship between neuroscience and economics.

What are my rights to my father’s properties after he passed without ...

My father was in the hospital several weeks ago and my sister was given power of attorney. He has just passed. He owned his mobile home. I just found out she filed paperwork to have her name added to the title/ownership.

My dad died, and his girlfriend wont give us any of his things. is ...

First, I am a NY attorney and cannot advise you as to your state's laws. Mr. Krause and Mr. Frederick both give you good advice. A frequent difficulty with personal belongings (as opposed to, say, bank accounts, stocks, and the like) is that they are susceptible to claims that the items were gifted to the person with whom the decedent resided or were owned by both of them.

Distribution of property after father's death no will

Distribution of property after father's death no will answered by expert property lawyer. Get free answers to all your legal queries from experienced lawyers & expert advocates on property & other legal issues at LawRato. Visit Now!

Can my dad quitclaim property to me instead of leaving it by will?

Question: My father wants to quitclaim deed his property over to me before he dies. Can this be done? Answer: "Can be done" and "should be done" are two very different things here. Yes, if we're talking about real estate, your father can simply sign a deed transferring the property to you.

What happens when a family member dies?

Dealing with a family member’s death can be a double cruelty. There is the emotional loss. Then, that’s often followed by the monumental task of dealing with the deceased’s estate—you might have to figure out how to sell their home (here’s how to find a real estate agent in your area) and sort through any property or possessions left behind—especially if there’s no will.

Does an estate include debt?

We’ve gone over the profitable elements of an estate. But remember, an estate includes debts as well. According to the Federal Trade Commission, in the U.S., family members of the deceased are not responsible for paying the deceased’s debts. (That’s in most cases.) Debts should be paid from the deceased’s estate.

What to do if a decedent leaves an estate plan?

If the decedent left an estate plan, that plan should directly address such issues. But if it doesn’t, or if there is no plan, you’ll have to act. If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for. In these situations, you may have to ask a court to issue emergency orders to ensure the protection of the minors or dependents.

Who is responsible for debts after death?

As a general rule, the estate is responsible for any debts that arise after the death and throughout the estate settlement process. In practical terms, this means that if you personally incur expenses when you, for example, pay for pet food to care for the decedent’s pets that were left behind, you can bill the estate to receive compensation for those expenses. The estate won’t pay you back immediately (and you’ll have to wait for the estate representative to be appointed and begin paying estate debts), but you’re entitled to be compensated for your actions.

How to start probate?

This process begins when you file a document (usually called a petition or application) with the probate court in the county in which the decedent lived. The document will ask the court to open a new probate case and name an estate administrator to manage it. When you file the petition, you usually ask the court to name you as executor, but you can also ask the court to name someone else.

What is the process of probate?

This process begins when you file a document (usually called a petition or application) with the probate court in the county in which the decedent lived.

How long after death do you have to prepare for a funeral?

After you’ve transferred the body to a mortuary or similar facility, you’ll also have to begin preparing for a funeral, cremation, or burial ceremony. You can usually wait a couple of days or more before you begin making these plans, and can use that time to determine if the decedent left behind any instructions. Follow the decedent’s wishes, if you know them, or the instructions left behind in the estate planning documents. If you don’t have guidance, you’ll have to make the plans on your own, or coordinate with other family members and loved ones.

When do you have to liquidate assets?

Liquidation of assets is common when the estate is insolvent (has more debts than assets), when the decedent died without a will (known as dying intestate), or when the estate has a lot of personal property that isn’t directly addressed in the will and needs to be disposed of. Liquidating assets can require you to, for example, have valuable personal items appraised by an expert, or hire an estate auction or estate sale company to dispose of personal property.

How to get a copy of a death certificate?

Within a few days of the death or transfer to a mortuary or coroner’s office, you’ll want to contact the person who has control of the remains and request copies of the death certificate. State laws on who can obtain certified copies differ, but if a court has already named an executor or estate administrator, it will be that person’s job to obtain copies. If there is no court appointed representative, it will be up to a family member to obtain the certified copies of the certificate.

When a person dies with assets, who should open a probate estate?

When a person dies with assets, a personal representative of the decedent (either the executor or a person who wishes to become the administrator) should open a probate estate in the county of the decedent’s residence at the time of his death. The assets and liabilities of the decedent at the time of death are what make up the decedent’s estate.

How to file a personal representative for a deceased person?

The personal representative can begin by filing a petition or a request with the register of wills in the county where the decedent had her last residence. The register of wills for each county may have different requirements, but generally, you must present a copy of the will along with a death certificate. The register of wills may then issue letters testamentary or letters of administration to open the estate.

What happens if there is no will?

The register of wills may then issue letters testamentary or letters of administration to open the estate. The executor named in the will must then petition the court to be named the official executor. If there is no will, then someone must petition to be named administrator. Once an executor or administrator is appointed, ...

What to do when someone dies?

When someone dies, a personal representative should file the appropriate papers with the register of wills or with the probate court to open an estate.

What happens when someone dies with assets?

When someone dies with assets, those assets must be distributed through a process called probate. A court-appointed personal representative of the estate (called either the executor or administrator, depending upon whether a will exists) will administer the estate. The administration process begins by opening a probate estate with the county.

What does a personal representative do?

The personal representative must assess the value of each asset. The representative is required to open a separate bank account for the estate if the assets are being sold instead of distributed as-is.

Who is the executor of a will?

If the decedent died with a will, the will likely names an executor. The executor is the person who is responsible for administering the estate. The executor will need to open the probate case. Even though the will designates that person, he may still have to petition the court to be named executor, ...

How to avoid probate problems?

To avoid problems, hold off on all distributions and secure property as soon as you can, even if you do not begin probate or the inventory process immediately. Of course, this does not apply to gifts your loved one may have made while they were alive, which are not considered part of their estate. Take Time.

What is the name of the document that a person receives to handle an estate?

The person approved to handle the estate will receive legal documents, typically called “letters, ” which certify their authority. You will also need to file the original will and death certificate with the court.

What Is Estate Administration?

Estate administration is the act of representing, inventorying, managing and disbursing a person’s estate after they have died. This responsibility ultimately falls to whomever was named as executor or personal representative in the decedent’s will. Matters can be a bit more complicated when someone passes away without a will (a condition called intestacy), because it may not be clear who should handle the probate and estate administration processes.

What are administrative expenses in probate?

Some, like utility bills, storage fees to secure belongings and mortgage payments are considered administrative expenses. These accounts must be kept current throughout the probate process. If you use any of your own money to pay these expenses, be sure to keep meticulous records.

What happens when a spouse passes away?

The spouse who passed away may have handled all of the couple’s finances, leaving the other uninformed and overwhelmed. Or perhaps a caregiver must begin probating an estate which he or she knows little about. In some cases, the estate itself may be in disarray or scattered among many accounts.

Where to file a petition to be executor of a deceased person?

File as an Executor. To be appointed executor or personal representative, file a petition at the probate court in the county where your loved one was living before they died.

How long does it take to file a will after death?

Some states require that a will be filed with the probate court within 30 days of death. Take the time to grieve, but don’t risk additional stress and costs with a lengthy delay. Meet with an Attorney.

What happens if there is not enough money in an estate?

But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Do you owe estate tax?

The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger. If you will be responsible for filing an estate tax return with the state where the deceased person lived or owned real estate, you should get legal and tax advice. An estate tax return is not a do-it-yourself job.

Is probate easier in states?

Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.

Do you need probate if you have a trust?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

What happens when a family disputes a treasured picture?

Disputes over a treasured but valueless picture can cause bad feelings within the family, and those bad feelings can persist for a long time. A wise parent who anticipates that siblings may quibble over the household, or other minor, items after they die can take certain steps to thwart any problems. For example:

What happens to siblings after a parent dies?

Sibling disputes often erupt after a parent dies, and it’s time to divide up the assets of an estate. Sibling disputes can result in lengthy and expensive legal actions. However, a little forethought from parents can avoid such disputes, or they can be addressed by siblings who employ savvy strategies after a parent dies.

How to avoid siblings disputes?

Key Takeaways. Sibling disputes over assets in a parent’s estate can be avoided by taking certain steps both before and after the parent dies. Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime.

Why put property in the joint name of a parent and child?

Putting property in the joint name of a parent and child so that the asset passes automatically to the child when the parent dies is another way to avoid conflict. This can be done, for example, for a bank account, brokerage account, or real estate.

What are some strategies parents can implement?

Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime.

What happens when siblings lay claim to the same assets and cannot agree?

When siblings lay claim to the same assets and cannot agree, one option is to sell the assets and split the proceeds.

Can you leave one sibling out of a will?

If a parent wants to leave one sibling out of the will, this is legally permissible. There is no rule on disinheriting a child. 1  However, to avoid legal challenges by a disinherited sibling, a parent should consider discussing the matter with the child or explaining the reason in the will.

What to do if your father dies and leaves a will?

Checklist for the Executor of a Will. If your father died leaving property to heirs, you must initiate the probate process with the local probate court. This is true whether or not he left a valid will. If you have been appointed executor of his estate, you must also perform certain administrative duties throughout the probate process.

How to get probate for my father?

Obtain an application for probate from the probate court with jurisdiction over the county where your father was living at the time of his death. Many courts now have these forms available online. If an application is not available online, obtain one from the court clerk. Complete the application and sign it. You are not required to be the named estate executor in your father's will to submit an application for probate.

How to dispose of your father's last paycheck?

Your executor authorization documents will allow you to dispose of these assets -- by depositing your father's last paycheck into the estate checking account, for example.

What are the duties of executor of estate?

If you have been appointed executor of his estate, you must also perform certain administrative duties throughout the probate process. Among other duties, you will be responsible for distributing property according to your father's will, if he left one. In the absence of a valid will, his property will be distributed in accordance ...

How to get a will from your father?

Attend the initial probate hearing and bring your father's original will with you. The probate judge will examine the will to determine whether it appears to be valid and issue an order admitting your father's estate to probate. While not required to do so, If you were named executor in the will, the judge will probably appoint you as executor of your father's estate. He will then issue legal documents that establish your authority as executor. You will need these documents to perform legal acts on behalf of your father's estate, such as withdrawing money from your father's bank account. The judge may issue an order authorizing you to pay a stipend to your father's dependents out of estate funds. He will then set a date for the second hearing.

How long does it take to probate a will?

In the absence of a valid will, his property will be distributed in accordance with state intestate law. The probate process can take years if the estate is complex or if the will is disputed.

What is the responsibility of an estate to pay all outstanding debts?

It is your responsibility to determine the validity of any claims against the estate and to refuse to pay a claim that is invalid.