Probate without a lawyer?

[Dirtebiker]

Have any of you handled an estate without an attorney?
My mother in law passed away last week. My wife is named the executor.
She paid cash for her home and car and has no creditors besides a couple last minute medical bills and utilities.
Her house is worth about $100,000 and she has about $100,000 in retirement accounts and/or CD’s.
I don’t like the way the attorney explained the way he charges. For instance, when asked about his fees he said he normally charges 3 OR 4% of the estate, or $200 per hour, and if his hours are less than 3 OR 4% then “somewhere in between “!
I didn’t like his explanation.

Her moms estate is very simple and straight forward.
I don’t think it’s worth spending the money, especially with his explanation. And if we get to a point where we think it’s necessary, we can always hire him (or another lawyer) when that time comes.

Any thoughts?

Attorneys want to weigh in?

Thanks!

 

[woowoo2]

I would talk to a second lawyer....

 

[Cameramonkey]

I would talk to a second lawyer....

This.

But the way you explained it, the estate seems pretty straightforward. You'd think so long as there is a will and everyone still on this side of the grass is accepting of it, a lay person could close out the estate.

 

[HoughMade]

I would talk to a second lawyer....

This. There is probably someone there locally who is the trusted home-town guy (or gal) who can take care of simple estates in a reasonable fashion. I don't know who that is, but there always is one.

 

[darkkevin]

Went thru the same thing recently when my mom passed. Estate fees were $2500 flat fee. There were no siblings or other complications that could have made things harder. I used John Rupp out of Merrillville. I realize he isn’t local but truly he doesn’t need to be. We never even met in person and I am local.

 

[spec4]

I had a power of attorney from my mom. It was a pain as she had assets (money) scattered all over but eventually I was able to gain control of the money and sell her house. My brother (only sibling) had passed so when all was said and done I gave his sons checks for what my brother would have had.

Funny, I called social security and told them she had passed. The didn't need anything, they just stopped funding her account.

Good luck, it took me a lot of time to get my mom's stuff all resolved.

 

[Dirtebiker]

This.

But the way you explained it, the estate seems pretty straightforward. You'd think so long as there is a will and everyone still on this side of the grass is accepting of it, a lay person could close out the estate.

That’s the way I see it. I don’t like the idea of paying “somewhere between” the hours and the percentage (which isn’t even a firm number)!

 

[Dirtebiker]

This. There is probably someone there locally who is the trusted home-town guy (or gal) who can take care of simple estates in a reasonable fashion. I don't know who that is, but there always is one.

Do most attorneys give a flat fee, an hourly rate, and/or a combination?

 

[Dirtebiker]

Went thru the same thing recently when my mom passed. Estate fees were $2500 flat fee. There were no siblings or other complications that could have made things harder. I used John Rupp out of Merrillville. I realize he isn’t local but truly he doesn’t need to be. We never even met in person and I am local.

That seems reasonable.
Also this is in southern Indiana, Salem.

 

[HoughMade]

Do most attorneys give a flat fee, an hourly rate, and/or a combination?

For a simple estate like this one, I would think a flat fee, but this is not work I do, so it could vary.

 

[Dirtebiker]

I had a power of attorney from my mom. It was a pain as she had assets (money) scattered all over but eventually I was able to gain control of the money and sell her house. My brother (only sibling) had passed so when all was said and done I gave his sons checks for what my brother would have had.

Funny, I called social security and told them she had passed. The didn't need anything, they just stopped funding her account.

Good luck, it took me a lot of time to get my mom's stuff all resolved.

And you didn’t use an attorney?
So just go to the courthouse and file to open an estate/probate?

 

[yepthatsme]

And you didn’t use an attorney?
So just go to the courthouse and file to open an estate/probate?

I will just say this, if you think there might be someone, no matter how remote, that might challenge the will, make sure you have a lawyer. They will save you money in the long run. Been there, done that.

 

[spec4]

And you didn’t use an attorney?
So just go to the courthouse and file to open an estate/probate?

Never opened a probate. My goal was to do this without dealing with any govt. and I succeeded. One big issue was everyone wanted an original copy of the power of attorney. Obviously could not do that.

 

[AtTheMurph]

Probate is the process of retitling you MILs assets.

How should be retitled in name of heirs.
CDs/Bank Accounts may have had TODs (Transfer on Death) instructions on the accounts. If they did, don't need probate.

Retirement accounts should have had beneficiaries named so don't need probate.

Could be the only thing needed to be probated is the house, and that isn't that hard to retitle.

 

[Dirtebiker]

Never opened a probate. My goal was to do this without dealing with any govt. and I succeeded. One big issue was everyone wanted an original copy of the power of attorney. Obviously could not do that.

That’s strange as the power of attorney ends when the person dies.
You don’t have to probate if the probatable estate is under $50,000. Any accounts or property that have a transfer at death provision are not included in probate.

 

[Dirtebiker]

I will just say this, if you think there might be someone, no matter how remote, that might challenge the will, make sure you have a lawyer. They will save you money in the long run. Been there, done that.

There are no creditors and everything in the estate is to be split evenly between the five kids.
Simple.

 

[AtTheMurph]

There are no creditors and everything in the estate is to be split evenly between the five kids.
Simple.

Did accounts have beneficiaries listed, like IRAs?

Those transfer outside the will, if there was one. If there wasn't shame on her.

 

[bgcatty]

Good luck with that.

 

[Dirtebiker]

Probate is the process of retitling you MILs assets.

How should be retitled in name of heirs.
CDs/Bank Accounts may have had TODs (Transfer on Death) instructions on the accounts. If they did, don't need probate.

Retirement accounts should have had beneficiaries named so don't need probate.

Could be the only thing needed to be probated is the house, and that isn't that hard to retitle.

As far as I know right now,beneficiary on her accounts is her estate (according to my wife).

 

[Dirtebiker]

Did accounts have beneficiaries listed, like IRAs?

Those transfer outside the will, if there was one. If there wasn't shame on her.

Not positive right now. We’ll see as soon as we get info from the bank.