Legal Question in Wills and Trusts in California
probate
My fathers will names me,his only child,his executor.My mother passed 13 years ago..her will also names me executor.
My fathers estate is home [paid for]worth 380,000 dollars,checking/savings worth 100,000 dollars.There are no other assets except one car worth 8,000 dollars..I am NOT named on either house or bank documents,they are all in my parents name.Also I do not reside in California where all of my fathers assets are located,I live in Idaho.
Is this automatically a requirement for an attorney and the concommitant 12,000 to 14,000 dollars probate fees an attorney has told me are the associated costs? Can I handle all of the necessarry probate paperwork easily myself [or via services of a para-legal] at far lower costs than the $14,000 approximated mandated fees ?
To date I have been told fees are 4% of 1st $100K,3%of next $100,000 and 2% of the balance of my fathers estate.
4 Answers from Attorneys
Re: probate
Yes, you are going to have to hire an attorney and pay the fees that you have been told about, unless you do it yourself. That may be difficult; there are a multitude of forms that you will have to fill out and notifications you will have to send out. There will also be court appearances that you may have to attend, although many probate courts can dispose of things without appearances (if all your paperwork is in order), or by telephone. I believe there are books on doing it by yourself from Nolo Press. Otherwise, if you ever want to sell the property, you're going to have to get a lawyer to have it legally transferred into your name.
Re: probate
If there was only a will, then yes, Probate is required, by law. The fees for a Probate attorney are also governed by this same law, the Probate Code. This determines the fees for an estate based on the size of the estate. Unfortunately, Probate is a complicated matter and you really do not want to go at it alone, without any experience at all...get an attorney...if not us, someone...but get one...for your own best interests.
Our office can be contacted at the number and address listed by LawGuru, or through our website No-Probate.com (it's informative too).
If you do decide to discuss this matter further, please ask for Tony Grossman (one of the firm partners) at extension 3. He is an expert with Probate matters.
Regards,
Scott Linden
Re: probate
It is difficult for an experienced attorney. A pro per would find it nearly impossible. Paralegals cannot practice law or give legal advice. Contact me directly for assistance.
Re: probate
In theory you don't require an attorney. In practice you do. Bite the bullet and get an experience probate attorney to handle this. It is a shame you parents were not better informed. Particularly in a situation like yours this could have been so easy.
You may wish to visit www.yourlivinglegacy.info for more information and to download my book written in plain simple English on the subject. Don't repeat your parent's mistakes.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
