My mom recently passed away and didn't have a will or any life insurance. She had a lot of credit card bills and medical bills. The house is almost paid for. How can I finalize all of this without being ultimately responsible for the credit/hospital bills? Can I get the house switched into my name without having to go to Probate Court or without a lawyer?
2006-06-05 16:03:34 · 11 answers · asked by adjohnson27 1 in Business & Finance ➔ Other - Business & Finance
Any other ideas where I can find an attorney that does pro bono work on cases like these? I definitely can't afford one and I know I need one.
2006-06-17 15:06:43 · update #1
Your mother does have a will, it was just written by the state legislature. Probate court is not really something you can avoid at this point in this case. You cannot switch the title to your name without going through probate.
2006-06-18 07:08:59 · answer #1 · answered by Paul McDonald 6 · 0⤊ 0⤋
As most of the people answering your question has said you will have to go through probate and in order to do this you will need an attorney. Most attorneys will give you free advice as to if you need to go through probate or not. Look in the telephone book under probate lawyers or ask a friend if they know one.
Good news, the attorney is paid after the probate is complete,so usually there is no up front fees.
In some states if the value of the property is less than a certain amount probate is not required.
If I was you before I contacted any of the people that your mother was in debt to I would seek the advice of an attorney. When going through probate, the court requires that a notice be filed in a local newspaper about the death and all that are owed should appear in court or send the debt to the probate attorney, who will give it to the probate judge.
Most attorneys advertise in a legal paper where the general public normally don't read. If no one lays claim to your mother owning a debt to them the court will wipe them out and they can not come after you after probate is closed. You will be required to pay only the ones that step forward and lay claim to your mother owning them, if any.
If any one step forward, claim your mother has a debt with them and the debt is deem legal by the court they must be paid by your mother's estate.
Once probate is closed you or your mother's estate will be required to pay the attorney a certain percentage of the value of your mother's property, in California it is 6%.
Once probate is complete the court will authorize the property to be placed in your name and a deed will be prepared by the probate attorney that must be filed at the county court. The attorney will probably give it to you to take to the county court to get it recorded, while you are there ask for a copy.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2006-06-18 03:02:21 · answer #2 · answered by Skip 6 · 0⤊ 0⤋
You do need a lawyer without a doubt. An estate lawyer it will be worth the money you pay him, trust me. I worked with estates for many years in liquidation and a lawyer is always your best bet to get anything at all. Hospitals and drs. will even pad the bills if they know you have an asset such as a house. It is all part and parcel of the estate. Too bad your mom did not make the house yours ahead of time. I have "gifted" my house to my children so they will at least have something when I go.
2006-06-18 19:44:12 · answer #3 · answered by antiekmama 6 · 0⤊ 0⤋
Unfortunately you cannot switch the house into your name easily after she has died. She would have had to do that before she died. Now you will probably be forced to go through Probate (which I hear will take 10-60% of the estate value before you collect the remainder). You will be at the will of the probate court since there was no will--they will get to make all/most decisions about who pays what and who gets what.
2006-06-18 20:50:38 · answer #4 · answered by Ohmster 1 · 0⤊ 0⤋
You cannot switch the name on the house. You have to go to the probate court. The creditors/hospital will not go away until they get paid since there will be money to pay the bills from the house sale.
2006-06-05 23:20:31 · answer #5 · answered by spot 5 · 0⤊ 0⤋
get a lawyer and go to probate court . You can't get the house until the bills are paid and the medical bills. Good luck!
2006-06-17 21:40:09 · answer #6 · answered by marie 3 · 0⤊ 0⤋
You might find advice that would be helpful from your local Probate Court Judge... in many states there is a total value threshold of the estate's worth that negates a lot of the "legalese" that would otherwise be necessary in estate settlement. (i.e. GA's is a quarter million--- I think, don't quote me on that...)
Many laws in this arena are changing rapidly...if an attorney is unaffordable for you, check for someone who does Pro Bono work. Good luck!
2006-06-17 11:24:50 · answer #7 · answered by gapeach7355 3 · 0⤊ 0⤋
No. You need to get an attorney, and go to Probate. The only way, without an attorney, is if your mother left a quick claim deed naming you as beneficiary. Sorry, and best of luck!
2006-06-17 16:53:16 · answer #8 · answered by grandm 6 · 0⤊ 0⤋
Both the house(an asset) and the bills(liabilities) make-up your mother's estate. Since you have a significant asset in the estate. you should get a lawyer to help you settle the estate.
2006-06-05 23:07:12 · answer #9 · answered by VATreasures 6 · 0⤊ 0⤋
you have to go to court and the house will be used to settle bills and the left over...if any will be split to the kin
2006-06-17 04:24:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋