• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Probate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

bellyshaker

Guest
I don't understand this probate stuff. What is probate? How do I know if I have to go through probate or not? How do I know if I'm in probate? Do I need an attorney? I was told to send court appointed power of attorney paperwork, I thought it was the paper with my dad's will that stated the power of attorney and his signature. Am I wrong?
 


A

advisor10

Guest
AUG. 25, 2001

DEAR BELLYSHAKER:

Probate is the legal process of filing someone's will at the courthouse so the court can rule if it is valid, and if so, then authorizing someone else (the executor) with the power to claim all of the decedent's assets, pay any outstanding debts, resolve title to any personal property, etc. within a time period of anywhere from 2-12 months, depending on how simple or complex the estate affairs are.

What is the value of all assets of the decedent (bank accounts, CD's, pension benefits, home, etc.)? It is that total value that will give an idea of whether it is advisable to go through probate. For estates of over $2,000 it is generally advisable to go through the probate process--for estates less than this there may be a simplified procedure.

Yes it is preferable to get a probate attorney because they are familiar with the proper paperwork and procedures that must be followed in clearing up an estate.

Your message is a little bit confusing when you start discussing the fact that you were "told to send court appointed power of attorney paperwork". Exactly who told you this (was it a bank or some other business that has some money or property that belongs to your dad?)? If he gave you power of attorney on a signed form, then that power expired on the day of his death, but if they are requesting you to show exactly the "power of attorney" then you should provide that. Otherwise, they may have made a mistake and probably should have asked you to provide "letters testamentary" (legal papers that you receive when you file the will for probate) that authorize you to be the "executor" (in other words, the responsible person taking care of your dad's affairs).

SINCERELY,

[email protected]
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top