Wills? Probate? Advice please

Lawyer up.

YUP, LAWYER UP

A lot depends on the state and the state's community property laws, because it could very well be "she gets it all" solely as wife, but that doesn't always hold up in court, look at the Anna Nicole Smith and the old man thing....she lost (after years of fighting and after she was dead)

So it isn't always an automatic "all hers" dealio

Lawyer up and GET A LAWYER WHO SPECIALIZES IN WILLS/PROBATE
Don't get some family law or criminal schmuck....you don't go to an ophthalmologist because your balls hurt...get it?

Lawyer, lawyer, lawyer.....now
Before she liquidates or signs anything...time is critical

I think to solve your problem you should hire a good probate lawyer. to find a good probate attorney you can contact the local bar association or you can search the lawyers website. But while choosing a probate lawyer make sure that the lawyer should have good record & experience.

Learn more about:

Massachusetts Probate Lawyer | Estate Planning Attorney in Boston, MA

There is absolutely no way a guy that wealthy( business and rentals) did not have a will. If he didn't his lawyers and financial advisor should all lose their license. I would bet there is a good life insurance policy looming somewhere because I would bet he had a decent amount of debt.

At the very least your friend should talk to a probate lawyer.

I don't know why it hasn't been mentioned yet but I strongly suggest he hires a probate lawyer.

I'm not familiar with all of the ins and outs of that type of law, but as I understand it, matters of that type are very straight forward to a decent probate lawyer.

He must get a copy of the Will, Living Trust, or Codicil to determine where he stands, and what steps he should take next. He might be entitled to a % of the estate unless the dad specifically said your friend gets nothing in his Will, Living Trust, or Codicil. Probate usually takes a year or more to settle, especially if it's a bigger estate with a business. If it isn't in probate yet the dad might of had a living trust so they could avoid costly probate. If your friend challenges the estate in probate court, his attorney will be paid a % out of the estates total value. This alone will take more money away from the stepmom and your friend, but it might force her to settle. If your friend is a minor he may have even more rights. Probate is a messy and expensive process that usually ends up with families having to sale estate property just to pay attorney fees. A Will is not enough to protect families from probate or expensive attorney fees. Probate can be avoided if you properly add a Living Trust to your Will. Please everyone get a Living Trust done in addition to your Will. Probate attorney fees are preset and go off the value of the estate. For example, if the estate is valued at $1,000,000.00, the attorney fees automatically start at $50,000.00. If you want to avoid probate and having to sale off your family members estate just to pay attorney fees, get a Living Trust done...I obviously can't say this enough. The book below should give him a general idea on probate, and a better idea of his options after seeing his dad's Will, Living Trust, or Codicil. It also contains a CD with fill in the blank Living Trust and Will forms that attorneys charge $600+ for. Also remember all states have different rules on probate and inheritance. This book is probably useless if you live in Louisiana, they have different laws on inheritance.


http://www.amazon.com/Wills-Trusts-Dummies-Aaron-Larson/dp/0470283718/ref=sr_1_1?ie=UTF8&qid=1322346110&sr=8-1#_

Get a lawyer and expect the Government to take a good chunk of change as well.

Obviously the first thing you should do is consult Vital.
What a dipshit.

This thread was started - 7/29/2010 8:52 AM

You have an uncanny ability to detect the obvious.

If it's so obvious, why are people still replying over a year later?

Don't you think it's been resolved by this point or he at least spoken to an attorney?

I'm sure he went straight to a lawyer after consulting vital. He did the right thing.

The Estate has a lawyer, contact the lawyer.

Probate lasts 5 months in Wash state, then it's over.

My apologies to MXB. The dipshit comment was not deserved.