• 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.

No Family Involvement in 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.

M

MiamiFL

Guest
What is the name of your state? FL

First of all, thanks for all the great info in these forums. I’ve learned so much already. Thanks also, in advance, to whomever tackles all my questions!

My situation: My ill father is living on borrowed time. He is divorced, has no will, and will be leaving behind a neglected house, a mortgage, hospital bills(no insurance), immense credit card debt, 401ks& IRA (both less than debt), and some minimal joint accounts with 4 kids. We do not think his probate assets are nearly enough to cover his debt, especially since his house will most likely sell at a loss, and its contents are of no value. He has some equity, but not much. He will also be leaving behind ill feelings and emotional scars!

My questions: 1. Due to the bad feelings, none of his 4 kids want anything to do with filing probate. We are doing what we can to take care of him but are burned out on his verbal abuse! If none of us does anything, how/will the probate process be handled? What are our legal obligations?

2. If we need to hire a probate atty, who pays? What if there are not enough assets to cover the cost, in addition to his debt?

3. Am I correct in thinking the only things involved in probate in his case will be his house equity, mortgage debt, credit card debt and hospital bills?

4. As beneficiaries on his IRA’s and 401ks, can the 4 kids immediately withdraw that money to pay off his hospital bills? We also might need the services of hospice, which we would like to pay in full.

Thank you!!!!
 


Dandy Don

Senior Member
Will the home be sold before he dies or after?

Contact the county courthouse probate court to find out what the minimum amount of estate value is before probate is required. It does not look at this point that you need the services of a probate attorney. There is no need for an estate that is in debt to be probated.

The IRA and 401K money can not be IMMEDIATELY withdrawn (not before he dies!!). After the death you can negotiate to get a reduction in the hospital bills if you also mention that the estate is bankrupt.
 

Find the Right Lawyer for Your Legal Issue!

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