How do I go about setting up an estate for a deceased mother who had no living will, or anything in legal terms naming me the beneficiary of her estate?

First off you get an attorney to sort it all out with you. That is the safest approach. The money you spend on a good attorney will be well spent in the long run.

Kindest regards

Ms tickle

You have to go to probate court to have yourself appointed executor. Then take that documentation to the a bank to setup an estate account from which you can depost assets of the estate and write checks.

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Originally Posted by ScottGem

You have to go to probate court to have yourself appointed executor. Then take that documentation to the a bank to setup an estate account from which you can depost assets of the estate and write checks.

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So you don't think hiring an attorney is the best option. First she has to figure out 'probate court' on her own, then take it all the court office 'on her own'. This is after her mom died when just about anything is not as clear as you point it out to be.

I still say she should hire an attorney to get through all of that, which I know one has to do to set up an estate with no will or executor/executrix. And I still say the money she puts out so she can sleep at night is well worth it in this situation.

Tick

You can't "set up an estate". What ever your mother owned or owed at her dimise is her estate.
My County is very helpful in this process. A lawyer is not needed unless there are other siblings that can inherit.

Work with and communicate with all possible inheritors early to prevent conflicts that may involve hiring lawyers. You have to pay your lawyers and they can leave you and all with zilch and a large debt too

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Originally Posted by tickle

so you dont think hiring an attorney is the best option. First she has to figure out 'probate court' on her own, then take it all the court office 'on her own'. This is after her mom died when just about anything is not as clear as you point it out to be.

I still say she should hire an attorney to get through all of that, which I know one has to do to set up an estate with no will or executor/executrix. And I still say the money she puts out so she can sleep at night is well worth it in this situation.

tick

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I'm walking the middle on this one - I certainly would make an appointment with Probate Court, see what's involved, pick up the forms. If it's overwhelming, then hire an Attorney.

Without more info, including the size of the estate, there is no way of knowing if OP can do this alone or needs an Attorney.

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Originally Posted by tickle

so you dont think hiring an attorney is the best option. First she has to figure out 'probate court' on her own, then take it all the court office 'on her own'. This is after her mom died when just about anything is not as clear as you point it out to be.

I still say she should hire an attorney to get through all of that, which I know one has to do to set up an estate with no will or executor/executrix. And I still say the money she puts out so she can sleep at night is well worth it in this situation.

tick

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I didn't say she shouldn't hire an attorney. But I don't know if one is absolutely necessary.

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Originally Posted by JudyKayTee

I'm walking the middle on this one - I certainly would make an appointment with Probate Court, see what's involved, pick up the forms. If it's overwhelming, then hire an Attorney.

Without more info, including the size of the estate, there is no way of knowing if OP can do this alone or needs an Attorney.

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This is what I was thinking. If the estate is small and the OP the only heir, then she may be able to get by without an attorney. If someone dies intestate, the odds are that the estate is small and simple and may not require an attorney.

[QUOTE=SailorMark agrees: balancer. Inappropriate use of comment. The opinion to hire a lawyer or not hire a lawyer is one of personal preference and not based on fact[/QUOTE]


This is not the personal preference board. It's a legal advice board. Consistent advice that Attorneys are money grabbing incompetents does no one any good.

The "fact" about hiring an Attorney depends on the circumstances.

Am I surprised that you disagreed with me? Of course not. It's called revenge reddie.

So much depends, since the person used the term "living will" which is for medical care while still alive, it scares me that they have no idea of any legal issues.

But yes, are there other brothers and sisters envolved, are there a lot of debts, is there a lot of money.

If the "estate" is a 85 chev and 400 dollars in the bank, it really does not matter.

In GA, it costs 200 in court fees to start and be named over the estate.

There will be legal issues as to posting notice for any creditors.
Opening up an estate bank account and more. I don't mean any disrespect but a person who thinks a living will has to do with an estate, maybe should not be trying to do this

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Originally Posted by Fr_Chuck

So much depends, since the person used the term "living will" which is for medical care while still alive, it scares me that they have no idea of any legal issues.

But yes, are there other brothers and sisters envolved, are there alot of debts, is there alot of money.

If the "estate" is a 85 chev and 400 dollars in the bank, it really does not matter.

In GA, it costs 200 in court fees to start and be named over the estate.

There will be legal issues as to posting notice for any creditors.
Opening up an estate bank account and more. I don't mean any disrespect but a person who thinks a living will has to do with an estate, maybe should not be trying to do this

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Good catch on the living will - yes, it would appear OP should run this past an Attorney. It is always possible that Probate Court will be of assistance but that depends on the Court.