My mother passed Jun 6th. She had a will with me stated as executor. Also she had a Revocable Living Trust. Assets are only an old auto worth about $4000 & a Duplex worth about $145000 & personal items in her home. Very little cash is left after hospital bills. What must I do. I have contacted the attorney that drew up the Documents & he does not seem to be interested in helping. He has already been paid about $350 by my sisters for a consultation where he told them nothing "I will have to look into it". He is not returning my calls. I tried calling the Probate Court Clerk and only got "we do not give legal advice, hire an attorney". I do not want legal advice, nor am I expecting it. Just what the hell am I supposed to do now?

I'd talk to one of the chains like Jacoby and Myers, if they have 'em in your area. You might want to talk to the state bar about getting charged 350 for nothing, too. They take a dim view.

Sorry to hear about your mom passing. Going through probate is a pain. We just went through it with my MIL and a lawyer was not needed. Google is your state specific friend. I am sure that others with more details will chime in soon.

If all her assets are in the trust with you as trustee there should be no need for probate.

If your state allows it, a Transfer on Death deed avoids probate on real property and other assets such as mutual funds.

https://www.americanbar.org/ne...transferondeath.html

https://www.nolo.com/legal-enc...book/chapter5-1.html

Obviously, Fredward has come through with the best advise, hire an attorney.

I should leave it there, as I am not an attorney, but I’ll share one thing that my attorney told us when setting up our living trust, “Any assets not held by the trust are subject to probate. The only way to get the probate avoiding benefits of a living trust is to hold the assets in the trust.”

With that said, how is title held on the auto? How is title held on the Duplex? What is the approximate value of the personal items? If you have this information with you, ideally with title documents and a copy of the trust document in your hand when you when you meet with the lawyer, this may help him help you.

Perhaps one of the forum's lawyers will chime in.

My questions are: have you read the actual documents that you have and studied them?

Are you on top of any bills she may have had coming? Mortgage or monthly insurance bills?

Are you in a good place now emotionally in order to manage these non-emotional but important things? If not, you should give yourself a week to grieve, I don't think there's anything that is clamoring for your attention inside of 30 days from your mother's death.

You have my condolences.

Transferring title to the auto or bank accounts without pay on death beneficiaries could be problematic without having a personal representative appointed.

If the real estate is held in her name only and not in the name of the trust, TN has a simpler proceeding for dealing with transferring the real property to the heirs.

You could benefit from a good probate attorney, especially if the assets more than cover the fees.

Speaking from experience following my Dad’s death last year, get an attorney NOW. Even if everything is in a trust, it’s best to consult with a probate attorney to make sure nothing in the will or trust can be challenged.

How are the vehicle and home titled and what exactly is in the trust?
Do the home and vehicle have a loan on them now? Some attorney's set up a trust to collect the fee then don't actually transfer any assets into them correctly.
Many years ago I had an inlaw that didn't have a will and many other messy issues. The people at the Probate court were very helpful in pointing out a good starting point and how to start the process. Not actually legal advise but they usually know the system well.
Here in GA you can title the vehicle and home so they don't have to go through probate if the family situation is simple. Maybe talk to a CPA and ask them who would be a good lawyer to deal with this.

quote:

My questions are: have you read the actual documents that you have and studied them?

Are you on top of any bills she may have had coming? Mortgage or monthly insurance bills?

Are you in a good place now emotionally in order to manage these non-emotional but important things? If not, you should give yourself a week to grieve, I don't think there's anything that is clamoring for your attention inside of 30 days from your mother's death.

My mother was 94 & had been in & out of the hospital for 3 weeks. The hospital & funeral bills have been paid, no mortgage, no credit card bills, only home utilities.

A couple of the basics I forgot to mention above.

Get at least 5, and better 10 copies of her death certificate. You'll need them for the court and some creditors. The funeral home people did that in our case. They take several weeks so get that started.
Did she have any life insurance? Sometimes bank accounts and other places will have had small policies for her. Those normally don't go through probate but have a designated beneficiary. They will require a death certificate.
Notify Social Security that she has passed. They will recall any benefits after she died and there may be a small death benefit too.
Once it becomes public knowledge from the newspaper legals, scammers and other low lifes may send bills and other things.

You have a trust - assuming the assets are in the trust (which is the whole purpose of having one), probate should not be required.

One, only take advice from attorneys that live in your state and are licensed to practice in that state, as it relates to this issue.

Then, they will need to read the will/trust documents before they can give you ANY guidance.

But I will agree with 220-9er, get lots of original death certificates. Now, this is in Florida, but I know I always get some that have no cause of death and some that due, due to recording/filing issues. An attorney in your state could advise as to your laws.

quote:

Originally posted by Southflorida-law:
One, only take advice from attorneys that live in your state and are licensed to practice in that state, as it relates to this issue.

Then, they will need to read the will/trust documents before they can give you ANY guidance.

But I will agree with 220-9er, get lots of original death certificates. Now, this is in Florida, but I know I always get some that have no cause of death and some that due, due to recording/filing issues. An attorney in your state could advise as to your laws.

Everything he said - especially about the local attorney part. Estate law is VERY state specific.

-Rob

Tennessee Probate Information Center

Tennessee Probate Information Center - What Does an Executor Do?

Tennessee WIlls and Estates

Just google Tennessee probate

quote:

Originally posted by Southflorida-law:
But I will agree with 220-9er, get lots of original death certificates.

I received 10 from the funeral place at my father's passing. I guess the cost was part of the fee. I had to go back to the state for an additional 10. And then I found out (at least in KS), financial institutions and others will not accept a certificate that is dated more than six months old, and I had to go back again for a couple more.
 

This message has been edited. Last edited by: henryaz,

quote:

Originally posted by BurtonRW:

quote:

Originally posted by Southflorida-law:
One, only take advice from attorneys that live in your state and are licensed to practice in that state, as it relates to this issue.

Then, they will need to read the will/trust documents before they can give you ANY guidance.

But I will agree with 220-9er, get lots of original death certificates. Now, this is in Florida, but I know I always get some that have no cause of death and some that due, due to recording/filing issues. An attorney in your state could advise as to your laws.

Everything he said - especially about the local attorney part. Estate law is VERY state specific.

-Rob

If you will see, I am a lawyer quoting 2 other lawyers, so yes do as they say. Also, most states require that the original will be deposited with the court within a certain numbers of days after death. You are looking at over 150K in assets. You were named as the personal representative to handle these matters and you have a duty to do so or relinquish that duty to the next in line.

In short be serious about this and get a lawyer as there is also potential liability to you for failing to do your job appropriately.

quote:

Originally posted by Timdogg6:

quote:

Originally posted by BurtonRW:

quote:

Originally posted by Southflorida-law:
One, only take advice from attorneys that live in your state and are licensed to practice in that state, as it relates to this issue.

Then, they will need to read the will/trust documents before they can give you ANY guidance.

But I will agree with 220-9er, get lots of original death certificates. Now, this is in Florida, but I know I always get some that have no cause of death and some that due, due to recording/filing issues. An attorney in your state could advise as to your laws.

Everything he said - especially about the local attorney part. Estate law is VERY state specific.

-Rob

If you will see, I am a lawyer quoting 2 other lawyers, so yes do as they say. Also, most states require that the original will be deposited with the court within a certain numbers of days after death. You are looking at over 150K in assets. You were named as the personal representative to handle these matters and you have a duty to do so or relinquish that duty to the next in line.

In short be serious about this and get a lawyer as there is also potential liability to you for failing to do your job appropriately.

I'll add my name to the list of forum lawyers seconding this advice. First lawyer you contacted was unhelpful? Don't fret - contact a few other probate attorneys, and audition them. Don't have a good vibe? Move on to the next. You'll find a good one.

As BurtonRW stated, estate laws are very state specific. We could go on for page after page with advice that means nothing for you in your state.

Fortunately, we were able to use a family executor and avoided probate court and attorney fees. A cancer diagnosis provides a patient with adaquate time for estate planning.