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Probate attorney- what's the cost / and purpose? ? |
How much does it usually cost to use a probate attourney. My mom passed away and left money to myself and sister. Is it necessary to use an attourney or is an accountant ok? How long should a inheritence take to settle through probate court and how can an attourney speed things up? Finally, if my sister is executer of the estate , would it be wise and should I alone use an attourney? The length of time: almost always takes one year. Second, the cost of the probate lawyer varies with the size and complexity of the estate. Usually, "complexity" is defined by claims against the estate and the amount of assets to be included in the estate for tax purposes. The mortgage debt on your mom's home needs to be paid off before any distribution. I realize that your late mom have sold her home due to age or she may have a medical debt. There are multiple issues. Most important, I hope you and your sister work together to divide the physical property. That there is high level of compromise between you. If the estate is a 7 figure or a modest estate then the ability to settle between the two of you will vary if compromise is not exercised. The executor should have approx. 5 certified copies of the death certificate. The government grows more complex with each decade. "Be prepared" would be my motto. Sorry for your loss and I hope all goes well over the next year. Get an attorney..NO MATTER what the cost is! Myself and many others I know, have experienced ruthless actions from family members due to inheritences. Money is said to be the root of all evil and I have witnessed it when it comes to the handling of fair distribution among family members. Last testament wills are a MUST and should be made by everyone. Consider a TOD (transfer on death) to siblings (or whomever) of homes and vehicles. No probate court is needed for this action. This will save you money and possible a lot of heartache as well. The cost is typically a percentage of the estate, which would depend on the complexity of the probate. If you both agree about how the money should be split, it would be fine for you both to be represented by one lawyer. The lawyer would take care of the process as far as the courts are concerned, which is important for protecting the executor from lawsuits later on. The cost is what the attorney can get, and how long it takes depends on how long it takes the attorney to transfer the estate to his bank account. |
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