No info about probate case - what should I do?

[jm_spm]

What is the name of your state?What is the name of your state?
I live in Illinois
Father lived in Minessota

My father passed in January 2005. I have not seen him for more than 15 years. I am his first son, from first marriage. There is also a second son, from second marriage. When my father died he was divorced.
He lived about 20 miles from his his 2nd ex-wife and son, so thery were first to know about his death - I was informed few days later, but not by them, they have never contacted me.

In the mean time father's family contacted me few times.
I was told that:
- My father left no will.
- In the days following his death his 2nd ex-wife came to his apartment and took some of his personal belongings (papers, some jewelery).
- He had bank account abroad where he had around $30k saved. A friend of my father contacted them and gave them information about the account. He suggested that 2nd ex-wife could try to get these money without splitting it.
- 2nd-wife sued my father several times for child support and my father owed her around $12k.
- 2nd ex-wife took care of cremation and funeral.
- Funeral was funded by the city, because 2nd ex-wife told them he had no family and relatives and no money to cover the costs (indeed my father did not have much with him, he rented his apartment, he was unemplyed, he owned old car and had some personal belongings of relatively small value, but since she took his papers she was probably aware of existence of the bank account).

I called probate court in the area my father lived, hoping to get some information and advice, but they gave no information - they said they have nothing concerning him.
I also contacted the bank where my father had an account, they were not informed about his death, and there was no beneficaries. I also asked them if anybody tried to withdraw funds - they said there was no activity lately.
I asked them to close the account, and to invalidate his bank cards.

I have no idea of intentions of 2nd wife. I am sure she knows about the bank account, and that she wants money my father owed her (for child support) and her son to get his share. If she wanted she could easily contacted me - she didn't. I just want to make everything right. I know she can be mean - she sued my father several times on different occasions, and made his life miserable. I just want get this done without problems.

- From what I found so far (thanks to this great forum) is that probate is necessary, first because father left no will nad second because the total amount is higher than $18k so that simplified procedure does not apply. Correct?
- I was wondering why a month after my father passed there was no case registered in probate court?
- How can I get information on what is happening with my father estate?(There should be a PR taking care of his belonging I guess).
- Who should I contact?
- What questions should I ask?
- Can this be done without involving a lawyer? I am afraid to get a lawyer because I do not have money, and the amount left by my father is not big also. And I read so much about dishonest lawyers in this forum that I am just afraid to be screwed...
- Most of your post suggest to get an attorney - how much can this cost me?
- So far I calculated that if my father owed $12k to 2nd ex-wife, that has to be paid first, and rest is split between my brother and me. I am aware that there are probate court cost - can you tell me how much it is?

I apologize if my sentences are not clear. I tried hard but I am aware that my english is not perfect and sometimes awkward. If you need any clarifications I will contribute.
Big Thanks for this forum!

 

[BelizeBreeze]

Have YOU filed for probate?

If not, do you honestly expect the ex to do so when she knows that she has stolen from the estate when she has no legal rights to anything?

 

[jm_spm]

Have YOU filed for probate?

No I don't. Yet.
2nd son lives with her so I thaught they will start probate.
As far as I know she loves money, and the only way she could get the account is through probate, because I closed the account and informed the bank of my father death.

So what I am supposed to do?
Can you answer my question from original post?

If not, do you honestly expect the ex to do so when she knows that she has stolen from the estate when she has no legal rights to anything?

Yes I know she has no rights, but her son has, and they live together, so she can always tell that she acted on his behalf. And that is why I expected they will start something.

I guess I need to contact them and ask them few questions? What should do/ask?

---
Thanks for super fast reply!

 

[BelizeBreeze]

contact the probate court in the county where dad died and (better to go there) file now.

 

[jm_spm]

contact the probate court in the county where dad died and (better to go there) file now.

If I file - a PR has to be appointed, I know I can't be a PR - I am out of state, I am full time student so I don't have time, and I am not well oriented in all matters concerning probate.

- Who can be a PR?
- What are costs of probate?
- If I decide to take a lawyer (I still don't know if this is a good choice) how much (more or less) it is going to cost me to get all settled?

Thanks.

 

[BelizeBreeze]

If I file - a PR has to be appointed, I know I can't be a PR - I am out of state, I am full time student so I don't have time, and I am not well oriented in all matters concerning probate.

- Who can be a PR?
- What are costs of probate?
- If I decide to take a lawyer (I still don't know if this is a good choice) how much (more or less) it is going to cost me to get all settled?

Thanks.

All of your questions can be answered once you file probate. And being out of state doesn't mean you can't be the Executor. It's harder, but it can be done.

 

[jm_spm]

All of your questions can be answered once you file probate.

But I would like to know something before I file...
I would like to know if I can afford this, and how I can cope with all things to be done.

And being out of state doesn't mean you can't be the Executor. It's harder, but it can be done.

I know I can be executor, but as I mentioned I don't have money to spend, much time to devote. And I am simply afraid.

Is there any document/pamphlet/website i could read to know more about probate process? (preferrably "for dummies" version)

Thanks.

 

[BelizeBreeze]

But I would like to know something before I file...
I would like to know if I can afford this, and how I can cope with all things to be done.

I know I can be executor, but as I mentioned I don't have money to spend, much time to devote. And I am simply afraid.

Is there any document/pamphlet/website i could read to know more about probate process? (preferrably "for dummies" version)

Thanks.

Borders or any other bookstore.
You are asking questions that I can't answer because I won't have access to your financial records, your psych profile or anything else except the law. And most of your questions have nothing to do with law.

 

[jm_spm]

You are asking questions that I can't answer because I won't have access to your financial records, your psych profile or anything else except the law. And most of your questions have nothing to do with law.

It is one big unknown thing for me, and I need help here please.
So far the only thing I know is that if I want to get this done I need to file in a probate court. And I probably need a lawyer.

If you could, please tell me what are the costs associated with probate. And if they are paid by me or from the estate.

What follows after filing in a probate court.

I don't think I am best choice for an executor - who else then? Attorney? Other person appointed by the court?

And if you can't answer where should I look for answers to my questions?

 

[Dandy Don]

Did the bank tell you how much was in your father's account? Since your father apparently left an estate that is not worth very much, there is no need for you to be probating it since your share is not going to add up to very much.

Unless you have an estimated value of the worth of your father's estate, it's going to be a bit difficult to get a probate attorney to handle it/represent you since the fee would be relatively small.

 

[jm_spm]

Did the bank tell you how much was in your father's account? Since your father apparently left an estate that is not worth very much, there is no need for you to be probating it since your share is not going to add up to very much.

That would be great. (below is the info regarding the value of estate)
I tried to find laws for Minessota, and as far as I can remember if the value of the estate was greater than $18k it has to go through probate. Is that correct?

If I do not have to probate what should I do?

Unless you have an estimated value of the worth of your father's estate, it's going to be a bit difficult to get a probate attorney to handle it/represent you since the fee would be relatively small.

There is approximately $30k in the account [in euro].
I have no knowledge of anything else of signifcant value.
Other things left: 10yrs old car, tv, radio, golden rings.
In total probably not more than $32k.

I was told that he owed around $12k to his ex-wife for child support.
So it looks like there is $20k to cover probate fees and split between my brother and me.

So do I have to probate or not?
And, depending on answer to previous question, what should I do next?

Thanks.

 

[Dandy Don]

Sorry to report bad news to you: a reference book I consulted says that in Minnesota, when there is no will, the spouse gets the first $150,000 of estate value. Contact the bank holding the money and ask if the account names a beneficiary--if so, the money is payable directly to the beneficiary without going through probate.

Too bad that Minnesota probate law is not more kindly geared to benefit the children.

You may want to consult with a Minnesota probate attorney to get a second opinion to see if there is anything you can do, but I doubt there will be.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

Minnesota Intestate Succession Laws

If any part of a Minnesota decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* If there are no surviving descendants of the decedent or if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent, the surviving spouse is entitled to the entire intestate estate.
* If all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not also decedent's descendants, or if one or more of the decedent's surviving descendants are not descendants of the surviving spouse, the surviving spouse gets the first $150,000 plus one-half of any remaining assets in the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's descendants, per stirpes.
2. Decedent's parent or parents equally.
3. Decedent's parents' descendants, per stirpes.
4. Decedent's grandparents or their descendants. Half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents, or either of them if both are deceased. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, however, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
5. Decedent's next of kin in equal degree. If there are two or more kindred in equal degree claiming through different ancestors, those claiming through the ancestor nearest to the decedent are preferred over those claiming through a more remote ancestor.

3. State of Minnesota. If there is no taker under any of the above provisions, the intestate estate passes by default ("escheats") to the state of Minnesota.

Minnesota Intestate Succession Law Fun Facts

* Relatives of the half-blood inherit the same share as relatives of the whole-blood.
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of Minnesota gets the intestate estate.
* Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent (provided a new-born lives at least 120 hours after birth).
* Minnesota's intestate succession laws, as well as other related laws, can be found in Chapter 524 of the Minnesota Statutes.

Copyright 2002 - 2005, CCH Tax and Accounting - A WoltersKluwer Company. All Rights Reserved.

 

[jm_spm]

Sorry to report bad news to you: a reference book I consulted says that in Minnesota, when there is no will, the spouse gets the first $150,000 of estate value.
(...)

Dandy Don & SeniorJudge:
There is no spouse, only 2nd ex-wife living with her son. When my father died he was divorced. As far as I found, I and and my step-brother are entitled to his estate.

So again the questions are like in post #11

- Do I have to probate or not? (based on estimate of the estate - ~$32k)
- Depending on answer to previous question, what should I do next?
- What should I do if there is not chance to get probate attorney (as Dandy Don suggested)

BIG Thanks for your time!

 

[BlondiePB]

The ONLY way to obtain the money from your father's bank account is to open a probate case. Start calling probate attorneys in the county where your father resided.