Probate Necessary?

What is the name of your state (only U.S. law)? South Carolina

Thanks for any help you can offer. My husband passed away September 1, 2010. We both had wills but assets were passed by beneficiary. The IRA was left to me as beneficiary, the home was ours and was left to me with rights of survivorship. The cars were placed in my name before his death and we have nothing else of value which would require probate.

This AM I received a call from a Philadelphia attorney with whom my husband had an asbestos suit stemming from his exposure in the nuclear power industry. My husband passed away of cancer of the tonsil and, before he died, gave depositions regarding the asbestos suit. This attorney has filed a new case based on his exposure to asbestos causing the cancer of the tonsil.

I have no desire to go through all the BS involving a lawsuit, my husband can't enjoy any rewards we may receive and I am feeling very ill and unable to travel for all of this. I was told, by the attorney, that if my husband had a will (and we did, but I have no idea why we needed one, we have nothing) that I would have to, so that I may file as Executrix of the new suit, probate the will. What is there to probate?

Is this going to be a big hassle? Is it expensive? Do I pay taxes on my house which was always mine and on my IRA which was passed on to me? Other than that we have nothing so how do we set a value on the 'estate'? There is none.

The only valuable thing we had was each other and I honestly don't care about money from a suit. I am old, not well and probably won't live to see it, as my husband before me did not. Why bother? Any advice? Thank youWhat is the name of your state (only U.S. law)?

Condolences on your husband's passing.

I don't want to go too far since I am not certain how South Carolina treats such matters and without knowing more about the case. But it's likely that the right to pursue the case would pass to your husband's estate.

You certainly have the right to say, "Forget about the whole thing." (Although the Philly attorney may come around looking for payment for services already rendered.)

But did your husband (or both of you) have any children/grandchildren? Would one of them be interested in opening probate and becoming administrator of the estate in order to pursue the case? It would be easy enough for you to waive any right you have to administer your husband's estate and to execute a disclaimer, waiving the right to any assets under the provisions of the will.

Probate

Thanks very much for an excellent alternative. My husband has two adult children (in their 40's) and the younger one has a child a year old. When I stated to them that I didn't wish to pursue a suit, that I felt I would be getting money (if we won) that wasn't even mine and that I didn't care about it as my husband wouldn't be around to enjoy it, my step daughter in law said to me, "Then do it and give the money to us and any compensation will allow us to send your grandson to college."

They didn't "get" the fact that it was emotionally traumatic for me to go through all of the appointments, depositions and BS necessary to get through the case let alone be victorious. I don't want to rehash my husband's illness and death. That was two years of my life as caretaker (and it was an honor to do it for him) that I don't wish to revisit.

BUT, your answer was Solomon like...if they want the money, they can deal with the aggravation. I will gladly give up anything they would get. However, does this mean I must give up what my husband left to me as his beneficiary? I need my IRA to live on and my home to live in. Other than that, they can have it.

Thanks so much for your reply. I am just a tad annoyed that today is the first one month anniversary of their father's death and they are more concerned with money from lawsuits.

seacluded said:

However, does this mean I must give up what my husband left to me as his beneficiary? I need my IRA to live on and my home to live in. Other than that, they can have it.

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If you and your husband owned the home as joint tenants with right of survivorship, then you now own it by operation of law. And if the IRA named you as the beneficiary, then you are entitled to the proceeds by operation of the contract.

Probate and the will's provisions do not change that.

You sound as though you would like to drop this and forget it. I say, "drop it and forget it". There is no reason to put your remaining years in a hassle. The attorney is looking for a paycheck at your expense. You don't need hassles at this stage in your life.

curb1 said:

You sound as though you would like to drop this and forget it. I say, "drop it and forget it". There is no reason to put your remaining years in a hassle. The attorney is looking for a paycheck at your expense. You don't need hassles at this stage in your life.

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Maybe I misread and/or was making a bad assumption... But I got the impression that her involvement in the case was already in the past.

Waiving the right to administer the estate and disclaiming any distribution from the estate should be only a matter of signing a couple of pieces of paper.


seacluded - I meant to include this, but got distracted. If the kids are inclined to take this task up, they should consult with a good South Carolina probate attorney first.

This is what I saw that prompted my response.

"This attorney has filed a new case based on his exposure to asbestos causing the cancer of the tonsil.

I have no desire to go through all the BS involving a lawsuit,.....".


What happened to the "old" lawsuit? Was there a judgement?