OT Lawyers

Do you have a need to be snarky? *Court* means you need a lawyer (at least in AZ) and there is a court *proceeding* which determines dispensation of assets.

*Probate* only requires notice in newspapers "of record"... then a time delay waiting for any claims, then it's done.

Don't try to judge AZ from what is required in the *twisted* states. ...Jim Thompson

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| James E.Thompson                                 |    mens     | 
| Analog Innovations                               |     et      | 
| Analog/Mixed-Signal ASIC's and Discrete Systems  |    manus    | 
| STV, Queen Creek, AZ 85142    Skype: skypeanalog |             | 
| Voice:(480)460-2350  Fax: Available upon request |  Brass Rat  | 
| E-mail Icon at http://www.analog-innovations.com |    1962     | 

       Antifa's war cry, "No Trump, no wall, no USA at all!" 
       Victory for Antifa would be the destruction of society.  

             -Hector Morenco (@hectormorenco) August 28, 2017 

Actually it won't.  What it's going to be is the end of the  
Democrat Party... good riddance!

George Herold wrote on 8/31/2017 10:22 AM:

This looks like a long thread, so I'm not going to read all the other posts. I've dealt with estates a few times, but in Maryland. Here there is a "personal representative" who is entitled to a percentage of the estate, maybe 2% I want to say. But that is not required, they don't have to take it, but it is not improper to do so. That may be what the 4% is in your case and so not at all improper.

The real issue is that the lawyer doesn't have to *be* the personal representative. One of the estates I handled used a lawyer, but only as a lawyer. I remained the personal representative and the lawyer simply billed by the hour. Of course that still wasn't cheap, just cheaper.

There shouldn't be a requirement to use a lawyer. You just have to advertise the death and provide the contact info for anyone making a claim against the estate. Then you show the bills are all paid and the estate can be disbursed. You can do all this yourself and just use the lawyer as an advisor. You likely will be required to register with the court before beginning. You can even collect the fee for yourself which means it is taxed as income rather than estate taxed.

--

Rick C 

Viewed the eclipse at Wintercrest Farms, 
on the centerline of totality since 1998

They can also provide bad advice. A friend was going through a no-fault divorce and got bad info that delayed her divorce by months.

--

Rick C 

Viewed the eclipse at Wintercrest Farms, 
on the centerline of totality since 1998

Don't quit your day job. Probate means you go to court. Going to court, even in Arizona, does not mean you cannot represent yourself (although I would not recommend it to you, specifically). Probate is required in Arizona unless the net value of real property held in the name of the decedent does not exceed $100,000 and the value of personal property held by the decedent does not exceed $75,000.

Technically in the UK you don't either. The however is, if you are using the right to buy your council house, which I did for my mothers house, the council require you to use one. Solicitors are cheap here though.

Quite a good deal though. My Mum has lived in council houses for many years,

For obvious reasons, I can't, realistically get a return on my investment, until she dies...well..that's life...actually...I might never get the return.. I might die first...

-- Kevin Aylward

- SuperSpice

I was speaking of AZ. In NY you probably have to pay off de Blasio and/or Cuomo first >:-}

Why do you east-coasters tolerate such graft?

In AZ certain "business" newspapers...

I couldn't find a state-specific list... but the NYT is no longer a valid point of notification...

...Jim Thompson

--
| James E.Thompson                                 |    mens     | 
| Analog Innovations                               |     et      | 
| Analog/Mixed-Signal ASIC's and Discrete Systems  |    manus    | 
| STV, Queen Creek, AZ 85142    Skype: skypeanalog |             | 
| Voice:(480)460-2350  Fax: Available upon request |  Brass Rat  | 
| E-mail Icon at http://www.analog-innovations.com |    1962     | 

       Antifa's war cry, "No Trump, no wall, no USA at all!" 
       Victory for Antifa would be the destruction of society.  

             -Hector Morenco (@hectormorenco) August 28, 2017 

Actually it won't.  What it's going to be is the end of the  
Democrat Party... good riddance!

Thanks JC, Here's what I found locally

I'm going to gt some more local advice.

George H.

A good point. And attorneys can also provide bad advice. You really have to question everything and do a lot of your own research in this life.

Probably ;-) ...Jim Thompson

--
| James E.Thompson                                 |    mens     | 
| Analog Innovations                               |     et      | 
| Analog/Mixed-Signal ASIC's and Discrete Systems  |    manus    | 
| STV, Queen Creek, AZ 85142    Skype: skypeanalog |             | 
| Voice:(480)460-2350  Fax: Available upon request |  Brass Rat  | 
| E-mail Icon at http://www.analog-innovations.com |    1962     | 

       Antifa's war cry, "No Trump, no wall, no USA at all!" 
       Victory for Antifa would be the destruction of society.  

             -Hector Morenco (@hectormorenco) August 28, 2017 

Actually it won't.  What it's going to be is the end of the  
Democrat Party... good riddance!

Speaking of that, this same person had been in an auto accident and used a lawyer to try to collect her medical expenses. He sent her to a doctor to be examined and then said that in a statement to the court. Seems that is a HUGE no-no in that it gives the appearance of collusion with the doctor. She had to get another lawyer and the case ended up being dismissed. Seems this lawyer didn't often do accident work.

--

Rick C 

Viewed the eclipse at Wintercrest Farms, 
on the centerline of totality since 1998

g

use

200.

Hey, you are taking care of your mom, which is a pretty good return, eh?

Not everyone does (or can for that matter).

John

You do NOT need a lawyer to settle a simple estate. There are booklets that detail the process (somewhat different in each state). You will have to appear before a judge and sign some stuff, and you will have to prepare documents of expenses and assets, and get them notarized. Then, you have to wait, appear again, answer some questions, and eventually, the judge signs off on it. The state may charge a fee for the court process.

In some states it is quite simple, and they have guides outlining exactly how to prepare the documents. In some other states it is less well organized for the first-timer to do it right. But, the basic process is you file as executor, a document is issued granting you executor status, that allows you to take control of bank accounts, real and personal property, and wind down the estate, pay all remaining bills, etc. Probably your brother will have to appear at some point to say he approves of all you are doing in the matter.

I have not had to do this myself, but several family members have had to go through it, and it really was NOT that big a deal. And, none of them had any legal background. (It does take a lot of time to gather documents from asset and liability entities and put it all together into one statement of the estate.)

Jon

Right, especially for $2500! No WAY is that legit!

You WILL inevitably involve a notary in the process, but most banks provide notary services gratis to bank customers. You will have to prepare documents detailing the assets and liabilities of the estate, and how you intend to dispose of it. You ought to be able to get some kind of guide to how to do all that, there are a bunch of on-line legal resources that can help. I can't say for NY, but in MO I think we got it all done for a few hundred $ in court fees. It DID take a long time, maybe a year, to get the estate completely settled. But, my wife had control of her Dad's house and accounts in just a couple weeks as executrix.

Jon

OK, the CPA may be a huge help, especially if he/she has done estates before. WELL worth paying for a sit down with them, they can explain the process without having to practice law. You will still have to track down all pending expenses and any assets at banks, brokerages and what not.

Jon

Make SURE the accountant/CPA knows estate taxes. Most do not.

Right, the lady my dad (re)married did this in NJ, and it was a long process, but she did it mostly by herself, and it was not a great big deal, legally. But, NJ is not NY!

Jon

All one-party systems tolerate graft.

The kos??? Now that's a source of record.

LI here... This is how it went with my mother. We decided that the will was too old and the witnesses long gone ( no affidavits ). My sister was made the Administrator of the Estate. I think this can be done only if the Will is not registered with the state or something like that. Lawyers fees $3.5k. House was sold and 3-4% went to the Estate administrator, It is considered earnings and taxable.

we just finished up, so I can still ask the why questions.

Cheers

Keep in mind that the Administrator's fee, since she is not in the business of being an administrator and is doing this as a one off event for the family, is not subject to SE tax. This will save your sister a few bucks.