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Old 09-22-2021, 11:31 AM   #1
Russ79
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wmv video Need serious advice about dieing w/o a will

My wife's ex just passed away from Covid and they have only one child- a son. The son has been to his dad's house and hasn't found a will but did find a note where he listed items to go to certain member's of the family. He is listed on his dad's bank account so he can take care of any outstanding debts. Now my wife's ex did remarry a some years ago and I believe she had a couple of kids. This wife passed away a few years ago and I believe my wife's ex did settle with her kids on part of the estate already. I am suggesting, since there is no will, that my wife's son go to a lawyer to see what he legally needs to do to protect himself in case his dad's second wife's kids come back and try to cash in, although there really isn't much to cash in on. I know there is a lot of wisdom and experience on the green screen so wondering if what I am suggesting seems reasonable and the right thing to do.
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Old 09-22-2021, 11:39 AM   #2
Walker
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See a estate attorney asap. You don't need any more advice.
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Old 09-22-2021, 11:46 AM   #3
czechgrubworm
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Get an attorney that specializes in probate, estate planning and tax law. They will need to more than likely do a proceeding To Determine Heirship.
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Old 09-22-2021, 11:47 AM   #4
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I'd find a lawyer.
Also look into Texas Intestate Laws
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Old 09-22-2021, 11:47 AM   #5
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Quote:
Originally Posted by Walker View Post
See a estate attorney asap. You don't need any more advice.
I agree totally. Just ask around to find a reputable lawyer, well one that people are satisfied with and good luck with that. I just went through this with my dad and thought i had a decent one but it didn't pan out.
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Old 09-22-2021, 11:52 AM   #6
Johnny Dangerr
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Sitting in that puddle right now. Lawyer up....................
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Old 09-22-2021, 11:53 AM   #7
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There are quite a few hoops to jump through on this. He needs to be appointed Independent Administrator so that the bills can continue to be paid. Should be semi easy as long as he is the only heir.
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Old 09-22-2021, 11:54 AM   #8
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Yup. An attorney is in your future, yesterday!
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Old 09-22-2021, 12:02 PM   #9
deerwatcher51
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Lawyer up, preferably with one certified in Probate law.
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Old 09-22-2021, 12:15 PM   #10
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Save money, get legal advice here.
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Old 09-22-2021, 12:18 PM   #11
Graysonhogs
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Don't know if it's been said yet, but get an attorney
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Old 09-22-2021, 12:34 PM   #12
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Hope he is able to find a will but either way he will need professional help unless it was recently updated and done correctly
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Old 09-22-2021, 12:36 PM   #13
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Quote:
Originally Posted by Traildust View Post
Save money, get legal advice here.
Right?!!! What's the worst that could happen?

The advice on here is good but when some say "find a good attorney", "ask around to find a good attorney", where do you look? Who do you ask? It does seem like a crap shoot. Maybe someone(s) on here could give the gent a referral?
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Old 09-22-2021, 12:37 PM   #14
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You could prop him up long enough to get him to a lawyer and fill out a will.

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Or you could get a lawyer.
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Old 09-22-2021, 12:38 PM   #15
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I do agree that you need to seek professional advice as mentioned above, however if you arent talking about a lot of money you can burn through it pretty quick getting lawyers involved.
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Old 09-22-2021, 01:03 PM   #16
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He should see a good attorney very quickly and probably lock the house up, change the locks on the house and tell the local police to keep an eye on the house, so it does not get emptied out. Possibly remove anything that someone could load up and drive off with. That or temporarily move into the house, to keep an eye on things. When my buddy died last year, his son was supposed to get 60% of his possessions. But my buddy's,s girlfriend weaseled her way into about 95% or more of his belongings. Last I heard she was trying to get that last 5% of his possessions.
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Old 09-22-2021, 01:07 PM   #17
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https://www.tjlawpllc.com/attorney/k...schow-johnson/

One of the best in the ESTATE business
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Old 09-22-2021, 01:15 PM   #18
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Estate attorney and they can help on what is debt that will need to be paid. They contact debtors, and can end up saving him money in the long run.

If this is anywhere close to Austin area, I can recommend who I used.
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Old 09-22-2021, 01:52 PM   #19
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Have your step son make up a will, the quicker the better.
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Old 09-22-2021, 01:56 PM   #20
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This is where people show their true colors.
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Old 09-22-2021, 03:25 PM   #21
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An attorney will be good. But there are a few things you can look at in the meantime to help decide direction...1) is the property listed only in the name of the father, now, since the 2nd wife passed away?
Does the surviving son occupy the current home?
Was there any know property(personal or real) that was purchased jointly with the 2nd wife?
I am not an attorney but have seen a few cases.

Edit to post:

One last item for those that are reading this far. Please get a will. Your surviving family will thank you.
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Old 09-22-2021, 03:42 PM   #22
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I second it to get a will. I had to get a guardianship for my dad and be appointed Guardian when my mom passed w/o a will and my dad ( Dementia ) had no will. After my dad died I had to get appointed Independent Administrator to probate his estate. Over 40k in lawyer fees for this and there were only two heirs. Biggest mess I have been in to date.
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Old 09-22-2021, 04:49 PM   #23
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Quote:
Originally Posted by JayB View Post

Edit to post:

One last item for those that are reading this far. Please get a will. Your surviving family will thank you.
This. I am quite sure my brother thought he had no reason to get a will and had plenty of time here. Mom and I are his only survivors and he probably just thought, no big deal....it would go to both of us anyway.

That is true....however, there are steps that have to be taken to close an estate and a scheduled court appearance is a must. It's like living through the bad part all over again.

Having a will is the best thing you can do for family.
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Old 09-22-2021, 04:57 PM   #24
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Quote:
Originally Posted by Walker View Post
See a estate attorney asap. You don't need any more advice.
THIS Sir

Last edited by Huntingfool; 09-22-2021 at 05:37 PM.
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Old 09-22-2021, 04:58 PM   #25
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Quote:
Originally Posted by Txhunter3000 View Post
I second it to get a will. I had to get a guardianship for my dad and be appointed Guardian when my mom passed w/o a will and my dad ( Dementia ) had no will. After my dad died I had to get appointed Independent Administrator to probate his estate. Over 40k in lawyer fees for this and there were only two heirs. Biggest mess I have been in to date.
If it's not contested, why not make up a will. No one will know different.
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Old 09-22-2021, 04:59 PM   #26
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Quote:
Originally Posted by Mary View Post
This. I am quite sure my brother thought he had no reason to get a will and had plenty of time here. Mom and I are his only survivors and he probably just thought, no big deal....it would go to both of us anyway.

That is true....however, there are steps that have to be taken to close an estate and a scheduled court appearance is a must. It's like living through the bad part all over again.

Having a will is the best thing you can do for family.
Nailed it - see an attorney and get a written will (AND a Power of Attorney) - it is so inexpensive and easy to do - saves a lot of stress after losing a loved one
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Old 09-22-2021, 05:16 PM   #27
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Probate court will drag it out and cost lots money!

FYI.. I did my will in my early 40s via LegalZoom and it only cost me $99.

Also, make sure you have Payable On Death for bank accounts too if they are not in a will.
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Old 09-22-2021, 05:26 PM   #28
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Originally Posted by SabineHunter View Post
If it's not contested, why not make up a will. No one will know different.
You're really jerking my chain for a reaction, right?
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Old 09-22-2021, 05:50 PM   #29
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My brother died without a will. 5 years in probate court and over ten thousand dollar later, his kids got his assets.

Make a will.
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Old 09-22-2021, 06:25 PM   #30
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If it's not contested, why not make up a will. No one will know different.
You are a real winner
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Old 09-22-2021, 06:33 PM   #31
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To anyone without one: get one drawn up. We did ours while my wife was battling cancer. After she died the insurance money was with me within two weeks. It was easy peasy.
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Old 09-22-2021, 07:01 PM   #32
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Testate laws? Better look into this if other's involved.
Step-siblings.
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Old 09-22-2021, 07:17 PM   #33
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FWIW, my wife and I have wills because theres lots of kids involved. But, in the event of just one or two heirs that agree 100 % on everything, why not just draw up a simple will saying something like "Sally has the authority to distribute my possesions as she sees fit" and have Peter witness it. No one will contest it, no one cares. Why give a stinkin lawyer tens of thousands of dollars, up to 40k as already stated? You aren't cheating anyone except a lawyer who gets part of your inheritance. Screw the lawyers. Instead of pointing out how dumb I am, why don't you point out where I'm wrong.
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Old 09-22-2021, 08:04 PM   #34
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OoooKkkkkkk. If you're not on everything they own then you'll never get it w/o going through probate and what i said in my previous posts. You can't claim chit or sell anything. Do your research. You obviously haven't had to deal with it. Make up a will, you have gotta be kidding me.
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Old 09-22-2021, 08:53 PM   #35
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OoooKkkkkkk. If you're not on everything they own then you'll never get it w/o going through probate and what i said in my previous posts. You can't claim chit or sell anything. Do your research. You obviously haven't had to deal with it. Make up a will, you have gotta be kidding me.
Hmmmm.....seems like I have a really good idea of what is needed to probate a will such as filing in one of 18 courts in 10 counties, making sure you file in the right court by checking with the county clerk, inventoring assests, paying debts, etc. Most of this is done by the executor anyway before handing it to a bloodsucking lawyer. A lot of people handle the simple estates with none or much help from a lawyer. Since it won't be contested, the validation process of the will will be easy.
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Old 09-22-2021, 09:15 PM   #36
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As the OP stated there was no will and my experience is from no will.
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Old 09-22-2021, 09:55 PM   #37
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That's why I said make up a will and save years and lots of money.
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Old 09-22-2021, 09:59 PM   #38
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That's why I said make up a will and save years and lots of money.
I bet there is a law or two against that.
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Old 09-22-2021, 11:15 PM   #39
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Quote:
Originally Posted by SabineHunter View Post
FWIW, my wife and I have wills because theres lots of kids involved. But, in the event of just one or two heirs that agree 100 % on everything, why not just draw up a simple will saying something like "Sally has the authority to distribute my possesions as she sees fit" and have Peter witness it. No one will contest it, no one cares. Why give a stinkin lawyer tens of thousands of dollars, up to 40k as already stated? You aren't cheating anyone except a lawyer who gets part of your inheritance. Screw the lawyers. Instead of pointing out how dumb I am, why don't you point out where I'm wrong.
Letís start with your Will described above being invalid.
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Old 09-22-2021, 11:38 PM   #40
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Quote:
Originally Posted by SabineHunter View Post
If it's not contested, why not make up a will. No one will know different.
Wow!

Quote:
Originally Posted by SabineHunter View Post
FWIW, my wife and I have wills because theres lots of kids involved. But, in the event of just one or two heirs that agree 100 % on everything, why not just draw up a simple will saying something like "Sally has the authority to distribute my possesions as she sees fit" and have Peter witness it. No one will contest it, no one cares. Why give a stinkin lawyer tens of thousands of dollars, up to 40k as already stated? You aren't cheating anyone except a lawyer who gets part of your inheritance. Screw the lawyers. Instead of pointing out how dumb I am, why don't you point out where I'm wrong.
So, the witness would swear that he/she witnessed the deceased's signature on the will that would be "made up" after he is deceased? Who will forge the deceased's signature? That is one place you are wrong because forgery is illegal.

Quote:
Originally Posted by SabineHunter View Post
Hmmmm.....seems like I have a really good idea of what is needed to probate a will such as filing in one of 18 courts in 10 counties, making sure you file in the right court by checking with the county clerk, inventoring assests, paying debts, etc. Most of this is done by the executor anyway before handing it to a bloodsucking lawyer. A lot of people handle the simple estates with none or much help from a lawyer. Since it won't be contested, the validation process of the will will be easy.
Actually, I don't believe you do. I think you are confusing the filing of the will in county records with actually PROBATING the will...and receiving Letters Testimentary from the Probate Court.

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That's why I said make up a will and save years and lots of money.
See above.
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Old 09-22-2021, 11:47 PM   #41
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Wow
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Old 09-23-2021, 04:01 AM   #42
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I don’t know why I’m drawn to this type of thread, but they never let me down
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Old 09-23-2021, 05:27 AM   #43
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Ain't that the truth.
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This is where people show their true colors.
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Old 09-23-2021, 06:35 AM   #44
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I donít know why Iím drawn to this type of thread, but they never let me down
Probably because you know that the Green Screen Law Firm is ALWAYS gonna provide you with a bunch of wrong, but entertaining, reading material
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Old 09-23-2021, 06:39 AM   #45
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i donít know why iím drawn to this type of thread, but they never let me down
lol
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Old 09-23-2021, 07:31 AM   #46
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Letís start with your Will described above being invalid.
ok, how are you going to prove it's invalid.
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Old 09-23-2021, 07:57 AM   #47
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Letís start with your Will described above being invalid.
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Old 09-23-2021, 08:21 AM   #48
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ok, how are you going to prove it's invalid.

Are you stoned???



Or just stupid???
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Old 09-23-2021, 08:31 AM   #49
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I will tell you from current experience even a will can be contested and may require probate. MIL recently passed and my poor wife is having to go through probate for a few accounts. Thankfully she was added to some accounts and policies so those were unaffected. That seems to be the key add whomever you plan on leaving something to on that account/policy and have proof it was completed. Bank of America never added her at my MILs request and it’s been a pita. Also consider a trust to accompany the will of you have more than just a few things. Hopefully we will be done with this mess in a few months. Best of luck!
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Old 09-23-2021, 08:31 AM   #50
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Felony
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