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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33711
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Wife has had (with me spouse of 30 years) fudiciary / signer

Customer Question

Wife has had (with me spouse of 30 years) fudiciary / signer /guardianship of her father for a decade (vascular dementia). We laid him to rest yesterday (9/10/15). He only has a va account and a personal account, each around 12k, and the personal was closed immediately upon death, which going to be used for 10k funeral. Also has paid property of appx 200k. No will, but did complete a general warranty deed with our names. Surprised his bank of 50 years shut his daughter out. Curious where to go from here.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are there any other assets in his name solely other than the VA account?.

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Are you saying he deeded the house over to you and wife so it passed upon his death?

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thanks

Barrister

Customer: replied 1 year ago.
His house has been paid off for 20 years. His daughter who is the legal guardian pays his property taxes yearly $1,000. His house is deeded over to his two daughters and one grandson of his deceased daughter, in which the grandson lives at the house for free for past two years, cause he was not allowed by VA to have an income. The daughter did not charge the grandson anything. He has a personal account for the fifty years, that the daughter was only signer and they froze it today. His VA Account, his daughter is the only fiduciary of and has appx $12,000 in that account and he has appx $12,000 in the frozen personal account. That is all his assets. His two daughters have cared for him since 2006 as he continued to decline.
Expert:  Barrister replied 1 year ago.

Ok, if he deeded the house over to the daughters prior to his death, then that isn't in his estate and wouldn't go through probate.

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Only assets that were in his sole name would have to go through probate to descend to his heirs. If he had no will, then state intestacy law controls and his children would inherit his estate equally.

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If he has a total of $24,000 in his estate, then someone can file a "Small Estate Affidavit" and the court will dispense with any formal probate proceedings. This will allow the personal representative (PR) to take possession of any account proceeds and then publish a notice once a week for 2 consecutive weeks to any creditors who might have a claim.

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Then there is a hearing set not less than 35 days from the first publication of notice to creditors where the PR would submit a final accounting of all expenses of the estate, the judge would approve it, and then issue an order allowing the PR to distribute the remaining assets to the heirs equally.

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thanks

Barrister

Customer: replied 1 year ago.
If we can't have you, who do you recommend in the tulsa area ( I was hoping you, love the name barrister) if you're in our area, please advise sir, and thank you beyond words!
Expert:  Barrister replied 1 year ago.

You are very welcome and I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.

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Unfortunately, I am not allowed to recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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Just to clarify....the action is actually called "Petition to dispense with regular proceedings in estates under $150,000". That is what it is called. by the courts.

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thanks

Barrister

Customer: replied 1 year ago.
You sir, I would love to buy a cold one, but his land is worth appx 200k
Customer: replied 1 year ago.
Due respect sir, why given a $52 option to speak with you, sir
Expert:  Barrister replied 1 year ago.

Thanks much...that sounds great..

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But if the house was deeded over to daughters prior to death, it wouldn't be in his estate. That is unless you are talking about some other land that he had in his name solely when he passed... Then that changes things and unfortunately it would have to go through formal probate.

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Those phone requests are automatically generated by JustAnswer for some reason. I don't know any of the attorneys here who accept them because we can't enter into anything that would have the appearance of an attorney/client relationship.

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We are all just independent contractors who come and go on the site as we choose..

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thanks

Barrister

Customer: replied 1 year ago.
I truly respect your honesty. Google me. Doug w driver. I was pretty good at what I did too! We will meet you someday!
Expert:  Barrister replied 1 year ago.

Will do..the world is a small place, I find..

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Thanks for your service. I know from dealing with criminal law for 15 years what a tough job it is to be in law enforcement..

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Barrister

Customer: replied 1 year ago.
Just for you, free expert advice. (Most dui arrests in the nation in 1995 don byerly award
Expert:  Barrister replied 1 year ago.

Thanks again, I will bookmark your site...

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Have a great safe weekend!

Barrister

Customer: replied 1 year ago.
You will never be forgotten, sir!
Expert:  Barrister replied 1 year ago.

Thanks much. Come back any time you have legal questions and I will do my best to help..

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Barrister

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