does this make sence probate law

raggie33

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ok my mom passed away 5 months ago rest in peice mom.she left me her old house but im to young to live there its for people over 55 so we sold it.but she still owed moiney on it but this place is in south fla so it sold a lot more then she owes on it.well i still didnt get the money is it normal to take so long its fla probate law my dad says. even when i get the money it goes in my dads name but is it normal to take so long for wills??
 

turbodog

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[ QUOTE ]
raggie33 said:
ok my mom passed away 5 months ago rest in peice mom.she left me her old house but im to young to live there its for people over 55 so we sold it.but she still owed moiney on it but this place is in south fla so it sold a lot more then she owes on it.well i still didnt get the money is it normal to take so long its fla probate law my dad says. even when i get the money it goes in my dads name but is it normal to take so long for wills??

[/ QUOTE ]

It can take a while depending on all sorts of factors.

My great uncle's estate is still being settled, and he has been dead over 2 years now.
 

flashfan

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If Florida is anything like California, it could take a looong time and be very expensive. A friend went through probate back in the mid-90s, and if I recall correctly, it took them about two years. The estate was complex though, which may have added to their time frame.

Can the person(s) handling your probate matter give you an estimate?
 

raggie33

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dang thats a long time lucky my house im buying now is my dads and stepmoms and they let me move in before it was setlled .dad told me 7 months but i forget from what day.i was just wondering if that sounds corect man there so slow my dad already payed off her credit card and something else .man they should hurry up a bit lol.
 

BB

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Lawyer time... Don't know the specifics, but if she had a simple will (or no will), going through probate in California takes roughly one year (or more).

You may need to have somebody you trust watch over the ENTIRE process with you. When somebody has your (or your parents') power of attorny, they can really mess you up financially.

Best Wishes,
-Bill
 

raggie33

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my sister has poa over mom and dad will have it over me i think but my sister is very trust worty always to me ansd so is dad but dad is strict but he never rips me off.he is very smart on money.im just stresing i dont wanna go back to liveing in slums
 

BB

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Sounds like you have family who love you very much. You are pretty lucky!

-Bill
 

raggie33

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[ QUOTE ]
BB said:
Sounds like you have family who love you very much. You are pretty lucky!

-Bill

[/ QUOTE ]yeah there ok but i wish dad would give me more per month for spending .its my money but im not to good at handling money.but i onlky get 1 per day and thats for grociers i forget like if i forget to get butter etc etc.but this time im righing down all i need lol .flashlight budget went to hect lol.but im trying to get more income /ubbthreads/images/graemlins/smile.gif
 

tvodrd

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Raggs,

Probate, as I understand, can take years. My mother passed in '03 in an alzheimers home, and shortly afterwords, my father went into a hospital and then into a nursing home, and then back into a hospital, where he died last year. My folks had set-up a living trust (no probate, and bless him!) and I have been POA and trustee, and am still over my head in paperwork! I am major looking forward to raising my right index finger to the state of California on my way out in a few years! /ubbthreads/images/graemlins/rant.gif I hope it goes better for you and your father!

Larry
 

gorn

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My Father passed away last month. He had set up a living trust for most of his assets. Some of it was not covered by the trust. Fortunately the assets not in the trust missed the California $100,000 limit by a little bit.

Since I am the executor of the estate I have found that a trust is the only way to go. It has been a real pain dealing with it for the last month. I don't even want to think about how bad it would be if I had to deal with probate.
 

raggie33

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why does it take so long i mean what in the world are they doing.
 

Silviron

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Re: does this make sense probate law

Sorry to hear about your and everyone else's losses of loved ones and related problems.

It is a little late to help you all, but maybe this will help people that will be facing this in the furture:

My father was, amongst other things, a Probate Judge years ago, and he always recommended that people do everything they could to prevent their heirs from having to deal with him or any other dang lawyers, judges or bureaucrats.
We all have our financial holdings were set up as TOD (transfer on death) or POD (pay on death). It is really easy to do, usually doesn't cost anything, and usually only requires a signature or sometimes just a phone call. On SOME types of property you may need a notary, or maybe even a couple hours of paying a lawyer, but most people can get by without.

You can do the TOD or POD to anyone you want, and if you set it up right, you don't need a will and can still avoid all the legal hassles of dying and the squabbling of heirs.


State laws vary quite a bit, but at least that is the way it is here in NM.

A lot of people are unaware of these options, and a lot of people just don't want to face their own mortality, so they don't want to even think about this kind of stuff, much less actually act on it, even if they know about some of the options.

But if you care about the people that will be around after you are gone, spending a few hours or days now will save them months, if not years of legal and bureaucratic hassles.

Every adult should also have a "Living Will", though, and file a copy with your primary doctor, all of your immediate adult family members, and your lawyer if you have one, to tell everyone involved what you want should you become seriously incapacitated or comatose.

If poor Terry Schaivo had had one on file, HER own desires would have been followed, not those of her husband, lawyers, judges, politicians, media hacks and fifty million "busybodies"..
 
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