Ask Me Help Desk - Closing out Probate

What is the name of your state (only U.S. law)? Tennessee

My mother passed 1/10/10. I filed for a petition to become the Executor of her estate 2/19/10. The four month period for all claims will end 6/19/10.

My questions are:

**She had a car that was returned back to the bank. It was valued at $17,000. It was sold at an auction for $12,500 leaving a $4,500 balance. A claim was submitted to probate for the full amount prior to the car being sold. Does the bank have to submit another claim to the probate for the balance is is the orginial claim still valid?

**The hospital where she passed never filed a claim with her insurance company for her final bill. Instead the filed a claim through probate. I have called the hospital several times giving them her insurance information. At one point I was told that the claim had been proccessed and was pending. After consulting with the insurance company I found out the hospital never filed a claim and that there was nothing pending. As of today, the hospital has finally decided to file the claim. Do I have to wait for this to be settle before the estate can be closed? I have verification of benefits from her job and insurance company. What can be done in this case?

This process has been very overwhelming. I have not had a chance to greive for my mother. I want very badly to expedite this as quickly as possible. My mother's estate is less than $50,000 other than the car and hospital claim very few creditors have submitted claims. $8,000 to be paid. She was $15,000 in credit card debt.

**Is it OK for me to agree to pay what is requested so everything can be finalized?

I have a bad feeling my lawyer will try to get me to haggle with the creditors, which I don't want to do!!

As I stated before, I am tired and I am ready for this to end. My lawyer stated that just because the claim period will have ended it could still take MONTHS for the estate to close...

**Do I have any say in how long the estate should remain open after 6/19/10?

Help advice, thoughts or suggestions will be greatly appericated!!

Sincerely,
Headed further south once this is resloved!

You have an Attorney - he/she works for YOU. Tell him/her what you want to do (settle and move on). Other than State requirements concerning estates, you are in the driver's seat.

Don't let the Attorney intimidate you.

(I was widowed 3 years ago and my late husband's estate is STILL in probate - but I'm in NY.)

How did this question remain un-answered for 3 months until today?

Quote:

Originally Posted by xmasbaby78

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Does the bank have to submit another claim to the probate for the balance is is the orginial claim still valid?

What does your lawyer say? I expect that the original claim is ok; you would pay off the balance.

Quote:

Originally Posted by xmasbaby78

... As of today, the hospital has finally decided to file the claim. Do I have to wait for this to be settle before the estate can be closed? I have verification of benefits from her job and insurance company. What can be done in this case??

Make the hospital an offer and see if they will accept it.

Quote:

Originally Posted by xmasbaby78

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My mother's estate is less than $50,000 other than the car and hospital claim very few creditors have submitted claims. $8,000 to be paid. She was $15,000 in credit card debt.

So, $50,000 less ($8,000 + $15,000) = $27,000? Is that what you are saying? Not much of an estate. Unless you zealously fight these claims, with your lawyer fees there won't be anything left. If you don't want to continue doing this, see about getting someone else to take over for you.

Quote:

Originally Posted by xmasbaby78

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Is it ok for me to agree to pay what is requested so everything can be finalized?

The problem is that, assuming there are heirs other than yourself, you have a duty to them.

I frankly fail to see why you are in such a rush to "close the estate". Let your lawyer handle things. There is no day-to-day activity you have to do. Just put it to the back of your mind and only think of it when your lawyer contacts you.