Do it yourself Probate?

[Songwriter2002]

My wife's father died in 1993 and her mother was named over his estate. Her mother died in 1995 and my wife was named over her estate. Now we find that due to the selling of their home in Florida, the Mortgage company that held the lien on the house owes us $1270.10. However they say that she needs to be named over her father's estate. We are having the same problem with Merril Lynch and some stocks her father had through them. The lawyer in Florida that we dealt with previously seems to think we have unlimited funds, and that is far from the truth. In fact, we are as close to poverty as one can get and not be homeless. The Florida lawyer says he will help but is asking for thousands of dollars to do so. My question is, since her mother was named over her father's estate, and she over her mother's estate, should that not mean that my wife is already legally over both estates? If not, is there a way we can obtain and file the papers needed ourselves without it costing us all or more of the money we are owed? Or if that is not an option, are there any free legal services available for us in this matter? Thank you. Chaz.

 

[advisor10]

2-14-2002

DEAR SONGWRITER:

Yes, it does look as if this will be a do-it-yourself probate situation.

Your wife (or the probate attorney of her choosing) can file paperwork at the probate court to become executrix of her father's estate, since the previous executor is deceased. There will be minimal court filing fees and perhaps the small expense of posting an executors bond.

It's a good thing you didn't let that lawyer trick you into paying an exorbitant amount. Executors fees in Florida are set at 6% of the first $1,000 value of the estate, plus 4% of the next $4,000, and 2.5% of the balance.

As soon as your wife files, soon thereafter she will be receiving official papers (called "letters testamentary") from the court, authorizing her to claim any outstanding assets of the decedent, along with the responsibility of using estate monies to pay any outstanding debts, as well.

However, if at any time during the probate process, she has any questions about anything, she may want to consider hiring the services of a probate attorney (on an hourly basis) to assist in resolving any problems.

It will be a new experience for her, but if she is business-savvy and has the patience to fill out a little bit of paperwork, it should turn out to be fairly easy/uncomplicated.

SINCERELY,

advisor

 

[Songwriter2002]

Thanks advisor!

Just as I thought! Thanks a bunch for the info, I really appreciate it! This takes a load off I must say!