Probate Questions

[mccartygirl]

I have a few questions. My mom died a few weeks ago, it was just her and us kids (not really kids anymore). It was a very unexpected death. She didn't have a will or trust but did put us on the insurance policies and her retirement accounts as the beneficiaries. Her house isn't paid off and she just bought a new vehicle. I have started the paperwork for the life insurance, pension and retirement accounts. How long does it take for those to get all sorted out? We have 30 days until the funeral costs are due, we are figuring we'll take it out of the life ins/retirment. There is enough with the insurance and retirement to pay off all her outstanding debts, plus the funeral plus some left over. Also, we have to go to probate for her house and the vehicle. I'm mailing my $35 for the probate package to get that started. Until we get our money from the life insurance/retirement, I don't know how to pay all her bills. I can't afford to pay my mortgage and bills plus hers. My sibling does not make a ton of money so they can't pay it either. I was going to call the credit card companies and tell them to close the accounts and let them know that we're waiting for settlement and then we'll pay them off.I'm just not sure what to do about the house and vehicle. We're keeping the house, sibling will move into it, and the vehicle we're keeping. Does anyone have any suggestions on what to do next and to make sure I've done everything I should??

[34saving]

Re: Probate Questions

I'm sorry to hear about your mom . It must be really hard dealing with the money stuff on top of the emotional stuff.

My grandma died last summer and I know that the funeral home wanted to be paid right away, but the lawyer said that they (the funeral home) have to wait for up to a year. I don't know if that's true where you live, but if you could delay that expense that should free up some money for other things . . .

[loveofpets]

Re: Probate Questions

So sorry to hear about your mom . Definitely must be hard to have to deal with everything at once. Do you have any friends that are lawyers that you can just ask about the time in the process? I'm lucky that both my folks are still alive, but I have numerous friends who have lost one or both their parents, so know that when the time comes, they'll help guide me through the "must do's".

Probate can take a long time, unfortunately. Are you using a probate lawyer? for some reason, i thought they dealt with all that - of course, you have the expenses that go with it, though.

Sorry, I'm realizing I'm no help here! - but, you could call legal aid in your area and ask some questions and I think that's free!

[mccartygirl]

Re: Probate Questions

I called the probate court and talked with someone there. It's a small town so that helps. She said that since it's a small estate and there is no one contesting anything, we can do an informal probate and she said that we shouldn't need a lawyer. It sure has opened my eyes. I'll be getting my trust set up this summer. I feel bad because I know my mom wouldn't want us to have to fuss with any of this. Sad thing is, my sibling and I are both over 25 and we aren't entitled to any of her soc security. She was taking care of my grandpa but he had his pension and money so he's not entitled to any of it. She worked 35 years and the gov't gets to keep all her soc security. I think we get $255 for death exp but that's it. Kind of sad all around.

[Bluezy]

Re: Probate Questions

My condolences and prayers to you and your family over this terrible loss. (((HUGS)))

You did not indicate which US state you are in. I, personally, would not attempt to go through an intestate matter involving a home and bills without legal representation. Although your benefits that come to you by being named beneficiary are not matters that enter into probate, you can never tell what nasty tricks those creditors might pull.

Check with your State Bar Association as well as Legal Aid. They will have a list of probate attorneys that can work your case pro bono (no charge)

Good luck and God's blessing on you!

Bluezy & Wee CJ

[mccartygirl]

Re: Probate Questions

It's in Michigan. We found a lawyer - who's charging an outrageous amount, but whatever. We've already paid all of her bills so now we're just waiting for the probate to be done on the house. It will be 5 months so it will be done just before Thanksgiving. Thanks for everyone's help. I'll be a pro at the whole death, funeral, probate thing - I should write a book.