I found a will from my dad, among many other things...GEEK HELP NEEDED PLEASE

[gocolts 300]

I need geek help/advice here, as I am not sure what to do.

 

My dad died recently and mom died over two years ago. My parents are both gone now.

 

Dad left me everything, including several vehicles(Toyota Camry, Dodge Van, and a badass Jeep), and a house that is paid off sitting on nearly 3 acres of land. He had a huge garage built several years ago.

 

Looks like my dad has shtt set up pretty damn well. EVERYTHING is completely paid off as well.

 

A friend told me last night that if I go to a lawyer and have them do this for me, they will take some, and it could be a lot.

 

I am totally lost as to what to do next. House, cars, back accounts, investment accounts, stuff like that I need to legally obtain.

 

How do I legally obtain everything my dad left to me in his will????

 

Are there things I need to keep an eye out for???

 

I do not want to make any major decisions just yet as I am still grieving HARD, which could easily lead to me regretting something. Figured I would wait at least a month or two.

 

I have found enough cash to keep both places going while I decide what to do. So I do not have to rush any decisions. I just do not know what to do.

 

Do I just go to the banks he used with a certificate of death???

 

ANY advice is welcomed. TIA.

 

ANY tips or suggestions are also welcomed as I am lost. TIA

[mighty_thor 115]

You probably want to at least consult a lawyer. They may save you more money than you will pay them anyways.

[Baker Boy 1,477]

You will have to go through probate so you will need a Lawyer.

 

 

Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.

[Alias Detective 1,179]

You will have to go through probate so you will need a Lawyer.

Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.

5% of the estate is an idea what attorney costs will be.

 

Any IRA, life insurance policy or any account with a beneficiary is NOT part of the estate as far as probate is concerned.

[The PosterFormerlyKnownAs 61]

Totally agree on getting someone to administer the will, which is typically a lawyer. (There may be paralegal options for you.) the paperwork for adminstering an estate is something you have probably never done before, and well worth the professional advice ... they may even have suggestions to minimixe tax impact, etc. Good luck!

[Alias Detective 1,179]

5% of the estate is an idea what attorney costs will be.

Any IRA, annuity, life insurance policy or any account with a beneficiary is NOT part of the estate as far as probate is concerned.

[Cloaca du jour 2,064]

You need a lawyer, anyone you trust in family?

[Patriotsfatboy1 1,432]

Gary. Pay the lawyer. Find one that can be trusted and let him do his job. Otherwise, it will take longer and you will get killed in taxes/expenses

[gocolts 300]

5% of the estate is an idea what attorney costs will be.

 

Any IRA, life insurance policy or any account with a beneficiary is NOT part of the estate as far as probate is concerned.

 

That sounds far more reasonable than the 20% number I was told last night. 20% is insane. Peace of mind actually might be worth 5%. I would probably screw something up.

 

I am a little worried about getting ripped off really.

 

Looks like I need to find a lawyer though.

[shotsup 830]

Where is Wormy when you need him.

[gocolts 300]

Gary. Pay the lawyer. Find one that can be trusted and let him do his job. Otherwise, it will take longer and you will get killed in taxes/expenses

Main reason I was concerned about lawyer was because of the 20% number I was told last night. Do you think it is closer to 5% like suggest above???

 

Not sure how to find one I trust, will start thinking about some of my friends.. Thanks.

[gocolts 300]

You need a lawyer, anyone you trust in family?

Not sure, I am going to think on it. I have a huge family as my grandmother had 12 kids. So there should be someone that at least knows someone trustworthy.

[Alias Detective 1,179]

That sounds far more reasonable than the 20% number I was told last night. 20% is insane. Peace of mind actually might be worth 5%. I would probably screw something up.

 

I am a little worried about getting ripped off really.

 

Looks like I need to find a lawyer though.

 

http://www.nolo.com/legal-encyclopedia/indiana-probate-an-overview.html

 

Arm yourself with a little knowledge and go see a reputable attorney.

[Djgb13 2,338]

My grandpa had a family friend who was a lawyer that he had everything set up already for my mom, aunts, uncles, and me so that it streamlined everything for us. I basically just signed a few papers and that was it. Was handed over a couple pieces of land my grandpa rents out to businesses monthly as well as his wedding ring since I was the eldest grandson. Our lawyer only did 5% but I don't know if you will find that. Other lawyers around here do 20% and their family/friend rate is 15%. You might not be able to find anything better than 15%. My suggestion is look around. If you can't find anything better just pay the 20%. It's worth it

[The PosterFormerlyKnownAs 61]

Call and ask. I had a friend that got a flat rate well less than 5%. Then again, the professional support kind of stunk. 20% seems quite high.

[titans&bucs&bearsohmy! 2,745]

No no no.

 

Yes, you need a lawyer.

 

No, it won't cost you 20%. Probate matters are not handled on a contingency fee basis. It will be either a flat fee if it's very simple or hourly.

 

I would estimate based on what you are saying maybe as cheap as $500.

[Patriotsfatboy1 1,432]

20% is not a good number. Typically flat fee, but I am not sure of the complexity of the estate. They will do it on an hourly basis if you want. It might depend on how tight the will is and whether anyone is contesting.

[BunnysBastatrds 1,908]

Find a good reputable attorney ASAP. When my dad pasted, there was no will. I have to go through succession. It's a tedious process but a good attorney will walk you through the process. Take notes. I would ask to record any conversations with them. 20% sounds very high. That's a price for those without a will.

 

I would also keep the process done private between you and the attorney. Family turns when it comes to money matters. My moms bother had my power of attorney revoked behind my back and stole 50 grand of my dads life insurance money behind my back. Be careful.

 

Also, if you are the sole beneficiary of his estate, I recommend you get a will that leaves all to your son.

[Djgb13 2,338]

Find a good reputable attorney ASAP. When my dad pasted, there was no will. I have to go through succession. It's a tedious process but a good attorney will walk you through the process. Take notes. I would ask to record any conversations with them. 20% sounds very high. That's a price for those without a will.

 

I would also keep the process done private between you and the attorney. Family turns when it comes to money matters. My moms bother had my power of attorney revoked behind my back and stole 50 grand of my dads life insurance money behind my back. Be careful.

 

Also, if you are the sole beneficiary of his estate, I recommend you get a will that leaves all to your son.

And that's sad. You would think family would never act like that but when someone passes and money is involved people turn ugly real quick. Happened with two of my aunts when my grandpa passed. They were pissed their kids weren't getting anything but I was and tried to take more of his estate than what his will said.

[gocolts 300]

No no no.

 

Yes, you need a lawyer.

 

No, it won't cost you 20%. Probate matters are not handled on a contingency fee basis. It will be either a flat fee if it's very simple or hourly.

 

I would estimate based on what you are saying maybe as cheap as $500.

 

How much will you charge me bro???

[gocolts 300]

Find a good reputable attorney ASAP. When my dad pasted, there was no will. I have to go through succession. It's a tedious process but a good attorney will walk you through the process. Take notes. I would ask to record any conversations with them. 20% sounds very high. That's a price for those without a will.

 

I would also keep the process done private between you and the attorney. Family turns when it comes to money matters. My moms bother had my power of attorney revoked behind my back and stole 50 grand of my dads life insurance money behind my back. Be careful.

 

Also, if you are the sole beneficiary of his estate, I recommend you get a will that leaves all to your son.

 

ASAP huh???

 

I should not have to fight with anyone at least. Only one living besides me is his sister, she is 72. He did not leave her anything. They have been estranged since their mother died for the most part for mainly the thing you are referring to here, fighting over money/stuff.. So at least I don't have to worry about that kind of thing.

[Djgb13 2,338]

 

ASAP huh???

 

I should not have to fight with anyone at least. Only one living besides me is his sister, she is 72. He did not leave her anything. They have been estranged since their mother died for the most part for mainly the thing you are referring to here, fighting over money/stuff.. So at least I don't have to worry about that kind of thing.

Don't count the sister out cause they could all of a sudden come in and try to get some of the stuff. I've seen it happen. Never put it past people. Especially if they already fought over money/stuff before

[DankNuggs 305]

Sorry for your loss. Find a good lawyer with expertise in the field. Lawyers are paid an hourly rate for the work they do. Maybe some guy had a small estate so the % looks higher to the legal bill. It's irrelevant. I would disregard that. if there is a valid notarized will it can't be that much prep work.

[NorthernVike 2,079]

If there is any retirement money involved, IRA, interest on savings bonds etc talk to an accountant. If you cash them in, you will be responsible for the tax in this year's taxes. You can have them rolled into your name and defer the tax or minimize the tax by taking the funds over several years after you reach 59 1/2.

[NorthernVike 2,079]

One last point. Don't make any impulse buys as for the first time in a long time you have excess monies. Take your time, don't spoil your son too much.

[Gepetto 977]

You're making a grave mistake underestimating that sister of your dad.

[gocolts 300]

If there is any retirement money involved, IRA, interest on savings bonds etc talk to an accountant. If you cash them in, you will be responsible for the tax in this year's taxes. You can have them rolled into your name and defer the tax or minimize the tax by taking the funds over several years after you reach 59 1/2.

There is some money in some kind of investment account. Most of the money actually. It was in the stock market but pulled it out last year only to see if go through the roof. lol

[Gepetto 977]

I wouldn't talk about what there is or isn't publicly, including posting about that on this forum. Especially not on facebook. Don't be stupid.

[gocolts 300]

You're making a grave mistake underestimating that sister of yours.

 

It is not my sister, it is my dad's sister. I have no siblings.

 

I will not be surprised if she tries something, but like I said, the will looks pretty clear to me.

[gocolts 300]

I wouldn't talk about what there is or isn't publicly, including posting about that on this forum. Especially not on facebook. Don't be stupid.

 

I am trying not to post too much about that part, just enough to give everyone willing to help with advice some information. No focking way am I putting this on facebook.

[fandandy 3,311]

Was the will witnessed or is it just something your dad had written up?

[titans&bucs&bearsohmy! 2,745]

 

How much will you charge me bro???

Well, it would be a felony for me to do that.

 

I would have to charge you $0, which is what my advice in a state I don't know the law in in an area I've never practiced would be worth.

[titans&bucs&bearsohmy! 2,745]

Was the will witnessed or is it just something your dad had written up?

It wouldn't really matter. If I am correct, go colts is the only surviving child, so he would get it all under intestacy as well in most states.

[gocolts 300]

Was the will witnessed or is it just something your dad had written up?

 

It is not here with me currently, at his house still. I am almost positive it was in some folder from a law firm and was all done though them. There is no way in hell it was something my dad would have drawn up himself. I might call them first, there card is on the front of this folder. For all I know, he has something already set up to happen in the event of his death. It was witnessed too

[fandandy 3,311]

 

It is not here with me currently, at his house still. I am almost positive it was in some folder from a law firm and was all done though them. There is no way in hell it was something my dad would have drawn up himself. I might call them first, there card is on the front of this folder. For all I know, he has something already set up to happen in the event of his death. It was witnessed too

Yeah, calling them might be a good idea. Good luck man. What a pain in the nuts but at least he had a will.

[Mike Honcho 4,009]

 

That sounds far more reasonable than the 20% number I was told last night. 20% is insane. Peace of mind actually might be worth 5%. I would probably screw something up.

 

I am a little worried about getting ripped off really.

 

Looks like I need to find a lawyer though.

 

Just on general principal you should find the biggest guy you know and give him 1%t to punch the lawyer in the face who said 20%....WTF!!!

 

And I didn't say it before, but my condolences...I lost both my parents before I turned 35, I have been in your shoes, you seem to be a good dude, your parents seem to have done a pretty good job raising you.

[titans&bucs&bearsohmy! 2,745]

 

Just on general principal you should find the biggest guy you know and give him 1%t to punch the lawyer in the face who said 20%....WTF!!!

In every state I've practiced in, that would get you in big trouble from the fee review board. I might accept his offer then report his ass.

[mobb_deep 917]

You need a lawyer. Even if you weren't stupid, you would still need a lawyer.

 

ETA: Sorry about your dad.

[titans&bucs&bearsohmy! 2,745]

You need a lawyer. Even if you weren't stupid, you would still need a lawyer.

 

ETA: Sorry about your dad.

I used to BE a lawyer and I would hire one. It's a technical area of law. A Fock up is easy to make and hard to fix.

[SUXBNME 1,320]

Where is Wormy when you need him.

My first thought

Seriously, tho..He would actually be helpful in a thread for once