What should we do in regards to estate planning after our parents pass away? 13 Answers as of January 21, 2013

Mother survived father and has recently passed. There are three children. There is a will. There is real estate involved. There will be no dispute over division of property. What legally are we required to do?

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Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
I'm assuming you are referring to a Connecticut Estate and Connecticut property. You will need to Probate the Will in order to properly distribute the assets and satisfy any possible Estate Tax and/or Succession Tax issues. Probate matters can be tricky and are therefore are not easily managed by those who are not familiar with the process. I would recommend that you seek the counsel of an experienced attorney who can help guide you through the process. If I can be of further assistance, please do it hesitate to contact me.
Answer Applies to: Connecticut
Replied: 7/29/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Estate planning happens when people are alive. You now need probate help for the one estate, and perhaps NEW planning for the other. Step one is see a lawyer. If everyone is cooperative, the costs will be small.
Answer Applies to: Georgia
Replied: 7/29/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
In Florida, you must despot the will within 10 days of death. Second, you will need a probate (probably) to clear the title on the property before you will be able to sell the home. See the Free Florida Probate Handbook for more information on this Http://www.jacksonvillelawyer.pro
Answer Applies to: Florida
Replied: 7/29/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
You must file the will in the county where your mother died or had property. That is the only way to get it into you and your siblings names. It is a very easy process in Alabama and if everyone agrees, it makes it much easier.
Answer Applies to: Alabama
Replied: 7/29/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If your mother's assets were solely in her name, in order for title to pass to the children, a probate will need to be opened. Also, the will needs to be filed with the clerk of court in the county where your mother was domiciled. A probate is a court proceeding where a personal representative is appointed (named in the Will) and that person identifies all the decedent's property, pays the bills or creditor claims and then distributes the estate assets. This can take anywhere from six months to one year, and in most cases, requires the hiring of an attorney.
Answer Applies to: Florida
Replied: 7/29/2011
    Law Offices of Mark Lewis & Associates, PC
    Law Offices of Mark Lewis & Associates, PC | Andrew C. Spitler
    Your mother's assets should be distributed according to the terms of the will and any beneficiary designations she had in place on her accounts (checking / savings / life insurance, etc) and possibly any beneficiaries she named on her real estate. Any assets that do not have beneficiary designations on them are probate assets over which the probate court in the county she resided would have jurisdiction and would be distributed according to the terms of the will. Depending on the amount of assets in her estate the probate procedures vary, but if all of the heirs and beneficiaries are cooperating the process should be straightforward.
    Answer Applies to: Arizona
    Replied: 7/29/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    Likely, you will be required to open a Decedent Estate through the probate court.
    Answer Applies to: Michigan
    Replied: 7/29/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    First you will need to file the original will with the clerk of your county court. After that, you will likely need to open probate proceedings in order to transfer the house and other assets to the children named in the will. Depending on some other variables, it may be possible to avoid probate, but you would need to discuss that with a local probate attorney.
    Answer Applies to: Illinois
    Replied: 7/28/2011
    Meyer & Yee, LLP
    Meyer & Yee, LLP | Kent W. Meyer
    Depending on estate asset values you may have to go through formal probate or a less formal proceeding using affidavits.
    Answer Applies to: California
    Replied: 7/28/2011
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    It depends on how the real estate was titled. If it was in mother and father's names as joint tenants, mother now owns it all. If it was in father's name only or in mother and father's names as tenants in common, his estate will have to be probated so that title passes as intended. This is also true for any property for which there is a title, such as cars, bank accounts, brokerage accounts, etc. The next step would be to make sure nothing needs to be changed now that father has passed away, such as with the wills. If the children inherit anything, they too need estate plans.
    Answer Applies to: Utah
    Replied: 1/21/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If you are in California and if the value of the estate, including all personal property and all real estate is greater than $100,000 in fair market value, then you need to probate the will. Without a probate, you cannot transfer title to the real property to the heirs under the will.
    Answer Applies to: California
    Replied: 7/28/2011
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