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Probate Questions

Do Not Sell My Personal Information

TheISHT

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There is no will, multiple children.

Do I need to get a probate attorney? Anyone know a good one in Trumbull County Ohio (Warren area).

What do I do with their stuff that still has liens? Can I legally sell their house or car during the probate process or do I have to wait until it complete? I don't want the house to become condemned. I don't want the car to get repossessed.

Does this process really take up to 9 months?
 
Yes I strongly recommend you get a probate/real estate attorney. Depending on the state in which you reside, some houses are required to remain in probate up to or in excess of 90 days. Are you the executor? Without being the executor you have no presiding authority at the moment. That’s a process within itself.

My grandmother passedin 10/2015 and we are just now finalizing the transfer of the deed in full to my mom/myself — but each situation is individualistic and certain dynamics can bring forth elevated complications

You really, really need to hit up an attorney and speak to the siblings who may have claim to the house/estate.
 
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You definitely need to retain an estate attorney. If the decedent died without a will, depending on the state, the children will inherit everything (no spouse?).

However, before you can legally sell anything, you need an executor and letters testimentary drawn up to have the legal ability to see what assets they had in its entirety.

Because there is no will, or executor I presume, this may be a supervised probate where the state appoints someone to be executor. This may actually be the best option as to avoid conflicts between the siblings.

You will absolutely need an attorney. This stuff is complicated and lengthy.
 
This is in Ohio, but since all siblings are out of state and father had no spouse, the out of state kids cannot apply to be the applicant.

I assume we might ask the attorney.

Should I go with one that will take a % of the assets or should I go with one that itemizes? I’d think the % is your best bet to protect yourself especially if you dont know the persons true worth.
 
This is in Ohio, but since all siblings are out of state and father had no spouse, the out of state kids cannot apply to be the applicant.

I assume we might ask the attorney.

Should I go with one that will take a % of the assets or should I go with one that itemizes? I’d think the % is your best bet to protect yourself especially if you dont know the persons true worth.

Hmm. I cannot say about using a regular retainer or a percentage. I have never dealt with a complicated case like this before.

To clarify, I am not an attorney but I was an executor a couple times for medium sized probates of a couple million.

Perhaps @The Human Q-Tip has some advice.
 
Hmm. I cannot say about using a regular retainer or a percentage. I have never dealt with a complicated case like this before.

To clarify, I am not an attorney but I was an executor a couple times for medium sized probates of a couple million.

Perhaps @The Human Q-Tip has some advice.
This isn’t major.

1. House with a lien
2. Car with a lien
3. Personal things in the home

2 adult children

From my understanding 403b, life insurance, etc isn’t included in Probate because they are listed as beneficiaries.
 
This isn’t major.

1. House with a lien
2. Car with a lien
3. Personal things in the home

2 adult children

From my understanding 403b, life insurance, etc isn’t included in Probate because they are listed as beneficiaries.

Ok, it isn't too complicated.

You're right, life insurance and anything naming the children as beneficiaries pays out. They split everything else that might be liquid assets like savings, or checking accounts.

For the other things it is best for the attorney to sort out. There are certain protections out there to insure the lien-holders don't do anything shady. Plus any other creditors.
 
This is in Ohio, but since all siblings are out of state and father had no spouse, the out of state kids cannot apply to be the applicant.

I assume we might ask the attorney.

Should I go with one that will take a % of the assets or should I go with one that itemizes? I’d think the % is your best bet to protect yourself especially if you dont know the persons true worth.

Do a consult. See if you can get a rough estimate of the value of the property, tell the attorney, and then ask for both fee structures. My guess is that a flat fee, or perhaps capped hourly, will work best.

I'll see about a referral to a
probate lawyer out your way. Not my field, but myself and my wife have contacts out that way.
 
@The Human Q-Tip
Let me know if you do have any referrals because we are looking. Thank you!


Got my calls out already on this....

If I don't hear back from the guy by late afternoon, I'll give him a call again. My contact is with one of the litigators at a Youngstown firm -- I just need him to tell me which one of his probate guys would be the right one for this. The estate doesn't sound complicated, so you really don't want to overpay for a heavy-hitter.
 
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Outsource the legal headaches to the attorney. It’s actually a drop in the bucket and your time is worth something...

Before you go selling the house, get a few contractors out there to give you the good-better-best options for what they’d do. Pay for an inspection too, IMO. I’d just hate for you to sell ASAP when $10k of changes could make a world of difference.

Get a timed lighting system from HD so it at least looks like someone is home. Get a “this homeowner has guns” sticker and an ADT home security sign for the lawn. Take out anything of decent value, sentimental or monetary, just for piece of mind.

Don’t get stuck doing all of the work for this, and if you do, consider yourself a contractor and hire out as much as possible. It gets tempting to extract max value, but it’s an illusion and a trap.

Get a template will from the internet, and make your siblings fill it out if they don’t have one or any estate plan. In this instance, you are allowed to leverage them through half-truths in order to get them to do so.
 

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