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My father has died leaving no will, as a joint bank account holder and joint owner of house is probate req? |
there are 3 children and the house is worth approx 250.000. the question refers to my mum i am one of the said children. does my mum have to do anything ref the estate?legally. First off- I am so sorry that you are having to face this as a child. It sounds like you have been a good child for your Mom and Dad and helpful to her at a really tough time! My husband lost a son in 1996 and it was a blow that he didn't get over and he says until it happens to you, you just don't ever understand it. So all I will say is I'm sorry! I am clear that there are no words that can really help. You are so smart to try to help and resolve the issues at hand, yourself. Sometimes you can meet with an attorny at no change for the initial consultation. They may advertise this in the yellow pages. Look for estate attornies. You want someone who specializes in the area that you need help in! IF there is a family attorney and I'm guessing not or they might have suggested a will to both of your parents, but if there is a family friend who is an attorney ask them who they know who might be able to help with the probate. You could also ask at the bank. They have clients who have had to deal with this before and they might give you some good advice! Probate settles the matters. I can tell you that in Texas (and the rules change by state so google for them-just put in "probate required" and your state=you will see a lot.) In TX if the estate isn't probated within 4 years the state takes control and will do so for you. I'm not sure that is the best course for you and your family. Government in the middle of a family..hmmmm not such a great idea. I saw in AZ that there are two ways to "Probate" one much less expensive than the other. See the link. Good luck and may you find a way to enjoy your family and see the blessings that are still there for you and their future. Remember there are people who can and will help you. One more thought-most people don't understand that you will want to talk about your dad and so they won't mention him thinking it will hurt less and what I have learned with my husbands loss, is that talking about his son is important to let him remember and appreciate the value of that persons life. So remember most people won't know that and just pretend that their comments are to help you. Assume the best! Most people want to be there for you. When you get to a point that you need help-call your mom and dad's friends and let them help you! If you have a church in your family life be sure to let them into your needs-they are experts at helping at a time when you might not feel like talking to anyone else! Huge hugs! and by the way just pass it on to the rest of the family. Hugs help: when nothing else will! You are so special! Source(s): http://www.keytlaw.com/azprobate/probate... ah the good fortune of just learning this in wills/estates. unfortun... yes probate is required matter of fact sorry to tell you this, but a good chunk of what she owns in all assets will be taxed leaving a far less amount then you think. First they will see what she needs to pay then sale off things. Sorry Check out the link below. It is my understanding that an estate must have a certain minimum amount of assets before the assets above and beyond the minimum are subjected to probate, depending upon the venue. I recommend contacting an estate planning attorney. http://www.nysscpa.org/cpajournal/old/16... It would help a great deal to know where your MOTHER lives since probate laws vary from country to country. In the U.S. anything held in joint accounts automatically goes to the survivor, but I am not sure where you are from. |
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