Probate Questions

1. If the co-owner of my house passes, can I endorse our escrow check?

   If, as you indicate, title to the home was owned by you and the deceased as joint tenants, upon his passing, the full title to the home did pass to you. However, the escrow account held by the bank that had previously held your mortgage does not pass to you. It was an account in both names without a right of survivorship...
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2. How much is the lawyers fee to settle an estate?

   Lawyers generally charge for probate work, including settling an estate, in one of three ways: an hourly fee, a lump sum for the whole job, or in some states, by a percentage of the estate's value.Hourly rates commonly run from $150 to $250--but they differ by locale. They're generally higher in urban areas, lower in smaller towns...
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3. Who has legal rights to cremains?

   Your state, Illinois, has a very specific law controlling who is entitled to control a deceased person’s cremated remains, also known as cremains.It provides that the following people, in the order listed, have the right to control them:
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4. Can checking accounts be set up to avoid probate?

   Check with the bank officer’s to be sure that you are either on the account as a joint owner, or that your mother has designated you as the "pay-on-death" beneficiary. If either of these is true, you should get the money in the account immediately when your mother dies, without the need for it to papass through probate...
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5. How do I begin working through Mom's estate?

   It really can feel overwhelming to act as the executor of an estate, even when there is another sibling to help with the job.
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6. Will money Dad left behind automatically go to my mother?

   Assets discovered after a death go to whoever is the legal owner of them. It's not clear who would be the legal owner of any bank accounts in your father's name that you discover. You state that you have not filed for probate. Did you father leave a will? If he did, whoever he named in his will to receive his property would be the legal owner...
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7. Do I inherit Dad's home equity loan along with the house?

   Both the mortgage and the home equity line of credit are encumbrances—and that word probably has a new feeling for you. They stay with the property as it changes ownership, and remain with it until satisfied. So, in short, you’ll have to find a way to pay or satisfy both of these debts attached to tto the house...
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8. Does IRA money without a named beneficiary have to go through probate?

   Unfortunately, I believe your mother's IRA account will have to go through probate in Florida. You state that your mom's IRAS, of less than $30,000, did not name a beneficiary. You also state that your are executor of her estate. Does this mean that your mother left a will, and named you as executor in that will...
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9. Does a child have any rights to a life insurance policy if they are not named in it?

   The child not named as a beneficiary will probably not have any rights to the policy proceeds.
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10. How do I remove Dad's name from properties after his death?

    If your parents owned the various properties jointly—usually in joint tenancy or tenancy by the entirety—then the full ownership of the property most likely passed to your mother at your dad’s death.
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11. In what order is best to pay Dad's debts after his death?

    Answering your questions requires a knowledge of specific Rhode Island statutes, which I do not have. I think you have two options for discovering what Rhode Island law provides regarding your situation: 1) hire a Rhode Island lawyer; 2) learn to do your own legal research and determine the answers yourself...
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12. Can a probate ruling be appealed?

    While your question is tough to answer without seeing the actual order you want to contest, the short answer is that most probate rulings can be appealed. To find out the exact wording of the law in your state, do a search for "probate court" and also type in the name of the county in which the order was issued...
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13. How can property be deeded after a death? Do you need probate?

    The answer depends on local procedures. Start by asking the probate clerk in the county in which your husband died for the correct procedure to follow. When divorce proceedings intersect with probate issues, certain issues stay in the family court system, while others are decided in the probate court...
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14. How can I get a copy of my father's will?

    It might be easier than you think to get a copy of your father’s will. When he died, his will should have been filed with the local probate court—and it then becomes a public record, free for anyone to see.
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15. Do my sisters have to involve me in settling our dad's estate if I'm also a co-executor?

    Except for the very rare circumstances in which a will spells out specific duties for each co-executor, all of those named are supposed to agree on how the property is managed—and are equally responsible for distributing it as the will directs.
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16. Can I legally use Dad's money for funeral expenses after his death?

    What happened in your situation is perfectly common and understandable—especially since some creditors, such as those providing funeral goods and services, are less than likely to accept delayed payment plans these days. And the fact that you are fretting over the possibility of getting into troublele almost assures that you won’t...
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17. What happens to my mother's recent inheritance after her own death?

    What happens to the gift to your mother may depend on two things.
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18. What are the amounts of trustee's fees that must be paid?

    A testamentary trust is established in a will or living trust and funded upon the death of the person who made it.
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19. How to divide personal items and estate when there is no will?

    Unfortunately, when someone dies without a will, or "intestate," a surviving family member cannot simply declare himself or herself an executor and divvy up the property. A probate court has to appoint a person to do the job. While this may seem like an unnecessary bunch of legal gobbledegook, you can...
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20. How do I make my two daughters guardians of their sister if I can't serve?

    The laws in all states provide a legal fallback position for just the situation you describe. Depending on your state law, you can authorize your two other children to act if you are unable to do so in a limited, interim, or standby guardianship. You can find out the requirements and procedure for such an arrangement through your local probate court...
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