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Thread: probate law

  1. #1
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    probate law

    my dad passed away a little over a week ago. he didn't have his things in order, no will or anything. he was terminally ill and knew it was coming, he just hadn't done anything about it yet.

    he didn't leave much of an estate, a small house which he owed what it was worth and a car with a loan of more than it was worth. sounds pretty easy to walk away from and let the banks do whatever they do. repo, foreclose, ect. the problem is, he has 25k in his bank account. i've found about 10k of debt including the car but not the mortgage. im sure there are dr bills but he did have insurance. there is a good solid chance there will be a few thousand left even after satisfying all his creditors. to get access to his estate, i will have to go through the probate proccess. the estate is in oregon. i've talked a lawyer up there and i can retain him but i would rather get someone from here if i can.

    if anyone has advice for me on the probate proccess, please share. i didn't know what probate was until a week ago. i can't get to his money until i go through the probate proccess. i don't know how i can keep up his mortgage and car payment for the next several months until this whole thing is resolved. i have a buyer for his house and i want to keep the car(paid off out of his bank account of course). i just don't know how i'm going to keep these loans from going delinquent while all the paper work clears.
    the early bird gets the worm........but the second mouse gets the cheese.

  2. #2
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    Re: probate law

    Sorry to hear about your dad. I have no idea about probate either, but when my dad had his second go with cancer he added me to all his bank accounts just so I could make payments on the estate.
    We have another Jeep!

  3. #3
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    Re: probate law

    i went through this 2 years ago from here and oregon. the laws very so much between there and here the law told me i needed to retain a lawyer in oregon.if that helps sorry for your loss.good luck.
    350 howell inj dana 60 front with a spool and full hydro and cromo stubs 9in in rear with a spool dana 300 tera low 4:1 sm420 with 410 gears and 38in swampers 4 linked all around.oh yeh it was a cj7.it was a jeepthing but all that s**t broke

  4. #4
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    Re: probate law

    I know if you contact them and explain the situation they will ask for a death certificate or the serial number on the certificate. If they ask for one just make a copy of it and send it to them unless they want one. then your looking at about 50.00 a pop on certificates.

    I spent 500.00 on them. only thing we never did was file his taxes

  5. #5
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    Re: probate law

    Sorry for your loss. Retain an Oregon lawyer (laws vary from state to state and an Arizona lawyer will likely cost you much more) so that you can start the process. One of the first steps will be notifying the creditors to avoid the repo most will work with you or your lawyer to resolve deliquent issues. If you have relatives in Oregon it is best to bring them up to speed. Good Luck and patiance is a virtue you will need to follow on this as it usually takes some time to resolve.

  6. #6
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    Re: probate law

    By any chance did you have power of attorney? But I agree on letting the creditors know what's going on and that the estate is in probate until you can access the funds. They may be willing to defer the payments for a month or so.

    I am sorry to hear about your loss....keep your chin up, it will get better.
    "My life is my message" Mahatma Gandhi
    “Only a life lived for others is a life worth while.”
    Albert Einstein

  7. #7
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    Re: probate law

    Quote Originally Posted by allek@t View Post
    By any chance did you have power of attorney? But I agree on letting the creditors know what's going on and that the estate is in probate until you can access the funds. They may be willing to defer the payments for a month or so.

    I am sorry to hear about your loss....keep your chin up, it will get better.
    Sorry to hear of your loss

    As per Alle's coment/question, almost always, POA's die with the originator (illegal, but can be used if bank/whoever does not know that originator is dead)

    Very very good case for having a holographic will, only requirements are: must be in your handwriting, signed (does not need to be notarized, but helps), and dated. I believe limit is $300k estate. Makes everything so much easier. Sounds cold, but another "last gift" request my dad left was requesting cremation. Funeral homes / cemetaries are leaches IMHO

    Just my .02
    good luck
    Quote Originally Posted by amber.hodge View Post
    Steve is so innocent. Its really cute, actually. Ah to be a kid again....
    "anyone who says they know everything about anything is either a fool or a liar"

  8. #8
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    Re: probate law

    thanks for the replies. i guess i will be calling the lawyer in oregon that i already talked to. he said the process would cost me about $1500. i just need to make sure his life insurance policy won't get wrapped up in the estate. he did name me the beneficiary on that at least.

    i haven't called any of his creditors yet but i should be getting the death certs soon. bills are coming due so i need to start calling. my uncle is sending me his mail and i should get it by tomorrow. then i can start closing his accounts.
    the early bird gets the worm........but the second mouse gets the cheese.

  9. #9
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    Re: probate law

    Sorry for your loss and my prayers are with you and your family...

    You dad died intestate and each state handles the probate of that differently. IF he left a large estate then you can expect to spend a lot of it on lawyers to sort out. If he left very little then it can be a simple and quick cheap process. (wonder why?)

    Please turn to a LOCAL lawyer (in the city, county, state where you dad lived to sort out).
    Don

    17 Oaks Ranch, Boerne, Texas

    www.savagesun4x4.com

  10. #10
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    Re: probate law

    i just thought i would update this miserable experience because i'm waiting to sit on hold forever with the irs so i don't have to pay my lawyer $200/hr to do it. damn i went into the wrong line of work.

    we opened a small estate probate which is way cheaper than a full on probate. it's not working out so well. the house appraised 40k lower than the loan balance. i had a buyer too but the bank won't loan the full amount to him. now we're trying to execute a short sale but the bank isn't really cooperating. we basically can never get ahold of a human and when we do, they have no clue what to do. they just say we'll get back to you. so i will probably never see anything but headache from this estate. originally i thought it would be 20 large for me and my sis to split.

    on top of that nightmare, the 50k life insurance policy he had was denied. i still have to look into it but they are saying he was too old on his last day worked when he went on disability but he paid the premium on it until the month he died. i don't understand that. 50 grand would have really come in handy. anyway, i just wanted to vent to someone. this sucks. calling the irs now.
    the early bird gets the worm........but the second mouse gets the cheese.

  11. #11
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    Re: probate law

    Quote Originally Posted by chopped7 View Post

    on top of that nightmare, the 50k life insurance policy he had was denied. i still have to look into it but they are saying he was too old on his last day worked when he went on disability but he paid the premium on it until the month he died. i don't understand that. 50 grand would have really come in handy. anyway, i just wanted to vent to someone. this sucks. calling the irs now.
    Dad had taken out a loan with a financial institution and they issued a life insurance policy to pay off the loan in the event of his death. Dad made timely payments on loan and insurance policy, never being late nor missing one.

    Dad dies, I make appt with bank VP to come in and he tells me to bring the orginial loan docs and ins policy. I take policy and death certificate to bank. The policy was for $10k, same amount as the loan. Loan was almost paid off by about a month or so.

    Met with bank VP, laid out all the aforementioned paperwork, he says no problem let me show it to the 'boss'. He take it into the bosses office, I watch them talk a bit and then he walks out and back to the desk. I say Ok, what now. He says to wait a min...Two armed security guards show up at his desk and ask me to leave. I say, ok, I don't understand and I need my folder of paperwork back. VP says no, cannot give it to you, its now our property and you will need to retain a lawyer to obtain it...

    I contact the insurance company a week later and the policy has been funded with the $ going to the bank to pay off the loan and the balance to be sent you my mother. She never gets it, we get the stone wall and 'hire a lawyer' treatment.

    I contact a lawyer. He says this is NOT rare but only happens when the amount is less than $10k. I asked why, he says 'because that is about how much you will spend with me to sort this out'.

    So I say fine, how about if I give you the proceeds to pursue the case. He says, nope, you don't have the original paperwork, that is why they keep it. Not trying to be a jerk, but I need my money up front and the bank knows this.


    Several years later I was telling this story to a good friend who was a high powered management consultant. He listened then leaned back and said:

    'Don, hope you learned something from this. I do a lot of consulting in the Financial sector and over the years I have come to the conclusion that the people that work, make a career and climb to the top of what I consider to be the worlds dirtiest profession; are there because that is where the money is and they are the GREEDIEST people on the face of the earth. Their success is dependent upon literally how much they can legally-steal from the customers'
    Don

    17 Oaks Ranch, Boerne, Texas

    www.savagesun4x4.com

  12. #12
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    Re: probate law

    Their success is dependent upon literally how much they can legally-steal from the customers'
    that's the great thing about ambulance chasers. they get paid contingent on what you get paid.

    i may go into debt with my lawyer.
    the early bird gets the worm........but the second mouse gets the cheese.

  13. #13
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    Re: probate law

    Quote Originally Posted by chopped7 View Post
    that's the great thing about ambulance chasers. they get paid contingent on what you get paid.

    i may go into debt with my lawyer.
    Yes and typically it goes something like this:

    They get 1/3 + expenses. Their goal...get 1/2 - 2/3 of what you get
    Don

    17 Oaks Ranch, Boerne, Texas

    www.savagesun4x4.com

  14. #14
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    Re: probate law

    Quote Originally Posted by SavageSun4x4 View Post
    Yes and typically it goes something like this:

    They get 1/3 + expenses. Their goal...get 1/2 - 2/3 of what you get

    "25%".....
    $10k in medical bills
    $15k paid by insurance company (sorry, it is no longer 200% of bills)
    -$3,750 to attorney
    -$10,000 to hospital
    ===============
    $1,250 to you
    attorney actually cost you 75% of your potential payment
    ALWAYS let insurance make offer before you go running to attorney
    Quote Originally Posted by amber.hodge View Post
    Steve is so innocent. Its really cute, actually. Ah to be a kid again....
    "anyone who says they know everything about anything is either a fool or a liar"

  15. #15
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    Re: probate law

    Please, everyone spend $25-$50 get a WILL and TRUST set up. Make wife or kids, or friend beneficiary, also, get some life insurance, $100,000 its cheap, the younger you are....... Talk to that person, let them know upon your death, what to do, where your important papers are, where car keys are, make sure car titles are 'open' and available, I have a "If I die" paper, that directs my wife, tells her everything she needs to know. Who my contacts at work are that can help her get everything I have coming from work, 'life insurance' medical..........I also have a paper, that tells about how I loved my life, and how I loved my friends and family and how much they meant to me. You never know when you head off to wherever, you may not return, so make sure you life is order, and all anyone needs to do, is grab your 'If I die' paper, and follow the instructions, Death is already a miserable, sorrowful time, this makes it easier....... I just went through this with my best friend of 25 years, titles were in his name only, he had very little insurance, his wife didn't know what to do.... it was very difficult for her. He went down the street to the father in laws, no seatbelt, eastbound car swerved, crossed into him westbound at Greenway RD at 47thav, hit him head on,..................
    Spend every minute you can with your family,
    you will never get that time back.

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