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

Quote:

Originally Posted by AustinChief

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.

05-21-2009, 07:38 PM
Son of Logical Starter Join Date: Mar 2002 Location: California Casino cash: $9959900	So any probate gurus out there 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
Posts: 485

05-21-2009, 07:42 PM	#2
booger Don't Tug on Superman's Cape Join Date: Sep 2002 Location: clear out in the sticks Casino cash: $-2211450	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. __________________ 1 Thessalonians 5:3 “For when they shall say, Peace and safety; then sudden destruction cometh upon them, as travail upon a woman with child; and they shall not escape.” KJV
Posts: 12,904

05-21-2009, 07:43 PM	#3
AustinChief Administrator Join Date: Aug 2000 Location: Austin Casino cash: $-554998	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.
Posts: 20,000

05-21-2009, 08:42 PM	#4
rocks Box of Rocks Join Date: Aug 2004 Location: Joplin Missouri Casino cash: $10004900	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
Posts: 315

05-22-2009, 02:34 AM	#7
Redrum_69 Banned Join Date: Jun 2005 Location: your nightmares Casino cash: $10004900	Just be careful down this road. Shit like this can split a family.
Posts: 6,358

05-22-2009, 06:57 AM	#8
joesomebody Waiting to be voted off Join Date: Feb 2004 Location: Baltimore, MD Casino cash: $9994900	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.
Posts: 2,584