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View Full Version : Misc So any probate gurus out there


Son of Logical
05-21-2009, 07:38 PM
As most of you know my Dad (Logical) passed away a few weeks ago. I am his executor. So I thought he has a will, so I don't have to worry about probate, apparently I was wrong. So tomorrow, I am going go to the local court house to start this process. I am not sure what I am looking for, but any tips, or previous knowledge to this process would be greatly appreciated.

Thanks,

James

booger
05-21-2009, 07:42 PM
i can't help with any advice but i am sure someone here with the big group will steer you the right way.

I hope you and the family are hanging in there as much as you can though. Take care.

AustinChief
05-21-2009, 07:43 PM
Here is a decent rundown of the process...

http://www.ca-trusts.com/probatefaq.html

You may want to contact a probate attorney, I hear it can be a real pain in the butt... DEFINITELY contact one if you think anything will be contested or is out of the ordinary.

rocks
05-21-2009, 08:42 PM
Very common misconception about a Will. A Will just tells the probate court what you would like to happen when you are gone. If he did not have a will then the probate court will make the decisions for him using current law in the state of residence. If the estate not covered by TOD's or POD's is over 20k or so you are much better off just paying an attorney to take care of it. Probate is a pain in the butt and will proceed faster under the direction of a professional. IMO Peace be with you

Mr. Flopnuts
05-21-2009, 10:25 PM
I would strongly advise contacting an attorney if there is anyone you know that is going to contest your wishes.

Son of Logical
05-22-2009, 02:29 AM
Here is a decent rundown of the process...

http://www.ca-trusts.com/probatefaq.html

You may want to contact a probate attorney, I hear it can be a real pain in the butt... DEFINITELY contact one if you think anything will be contested or is out of the ordinary.

Thank you for the link, I appreciate it. And I appreciate everyone else and their advice. No one is going to contest the will, and the filing of the paper work seems pretty step by step. Don't feel like paying some lawyer 1% of my dad's worth, just to tell me where to sign. I guess I am a little bull headed, maybe you all know where I got that from.

Redrum_69
05-22-2009, 02:34 AM
Just be careful down this road.

Shit like this can split a family.

joesomebody
05-22-2009, 06:57 AM
If you do end up getting a lawyer, try to get one you somewhat trust (I know trust and lawyers don't really go together) but my family had a lot of bad luck with probate lawyers. My great-grandmothers estate was worth roughly 130k or so, she had a will but probate still took over a year and lawyer fees cost upwards of 30k.