Really Need Advice on Settling a Will

My husband is the executor of his mother's will. She lived in RI and passed away on April 4, 2008. We live in NH. He has an older diabled brother who is on disability and in no way capable of dealing with this. His brother will get the house by rights of survivorship. We hired a lawyer down there to check out the deed and make sure his brother was protected and would get the house, before the mother passed on. THe problem is we have all ready spent $7000.00 in costs to the nursing home she was in and all the creamation and funeral costs in RI and since she was buried in NH have paid the costs up here. Our lawyer is a specialist in elder affairs and charges $250.00 an hour. We are all ready spent out and it all goes on our home equity loan. The 3 hours it takes us to get down there is making this an impossible situation. Should we get a different lawyer? What would happen if my husband declined to be executor. We want his brother to have the house but don't want to wind up losing ours in the bargain. How many hours does a will take? Any help would be very appreciated. Sincerely, Catherine17

Other than the house, did husband's mother have any assets?

Thanks for Your Reply

The only other assets she had were a couple of insurance policies that total $2,600 left equally to the brothers and her personal stuff in the house { furniture, clothes and knickknack type stuff and A small doll collection that might go for $50.00 at an auction. I collect dolls and know they would be lucky to get that. The nursing home or medicare took the rest of her assets for long term care. Thank you again.

How was the house titled? Was title transferred prior to death, or was it to transfer to brother under the will?

Thanks for Your Reply.

The deed was set up with the right of surviorship and was in the older brother and mother's names.

It doesn't sound like the will needs to be probated, as the house passes outside probate and there are no other assets to be probated. If so, there isn't anything more for your husband to do.

What do you think is left to be done?

What's Left to be Done

RI has an estate tax. Don't they send an accessor out to value her personal things for the tax? The lawyer we hired is sending me a list of what she thinks needs to be done. Can we just have the deed changed to the older brother's name? Anything you can tell me so we can do this ourselves would be great. I don't work so I can make phone calls and print out forms or whatever. Guess I am in such a panic over the cost. Thank You for your reply. Catherine

My understanding is that the RI estate tax is only applicable to estates with a value greater than $675,000. Even including the house, is the estate value greater than that?

I don't know of any state that requires a nominated executor to serve. At most, if your husband has the original will, he may have an obligation to present it to the court.

The point that Texas Pooh was making is that, considering what you have said about the remaining assets, the only reason that your husband would have in opening probate and being appointed executor would be to recoup some of the expenditires that you have made on behalf of the estate. And, given the probatable assets, that sounds like a losing proposition.

I believe the house is valued at some where around $230,000.00. Thank you for all the information that you and Texas Pooh have given me. Guess the lawyer we hired knew a couple of fools when she spoke with us. We are willing to take the loss of what we have spent so far, after all it was his Mother and his brother will be able to stay in the house he grew up in. Thank you a thousand times over. Sincerely, Catherine