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My mother passed away April 2010 (Mesa, AZ); there is a will…

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My mother passed away April...
My mother passed away April 2010 (Mesa, AZ); there is a will and most everything has a beneficiary..except we found 2 items. 1) investment currently at $47k and 2) 47 Series EE bonds roughly current value at $4k. Which puts the value just over $50k. What is the best way probabte? I have no problem completing all the documentation and filing on my own if that is an option.
Submitted: 8 years ago.Category: Estate Law
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Answered in 7 minutes by:
6/10/2010
Estate Lawyer: David Kennett, Attorney replied 8 years ago
David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
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Dear JACUSTOMER - If the will specifies who gets what and the items are not in some account or deed with the right to survivorship they must also be included in the estate and are considered specific bequests under the will. The other items you mentioned are part of what is called the residual estate and go to all of the name beneficiaries equally.

 

Whoever is the named executor will have to open the estate in the probate court in the county where your mother resided at the time of her death which I assume is Maricopa. Most courts will have the necessary forms to fill out to open the estate and to probate the will. The court cannot provide specific legal advice so the executor will have to be able to prepare and file the documents on a pro se basis.

 

The estate will have to remain open for a period of time, usually 6 months to allow any creditors to file claims. Then the estate can be distributed to the heirs.

 

Dave Kennett

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Customer reply replied 8 years ago

i was on her bank accounts and CD's with right of suviorship and the other investment has specific beneficiaries attached to it

 

what would be a reasonable estimated range to pay a lawyer to open the estate in probate court and handle this for me?

 

also if i decide to handle the opening the estate in probate and completing all the forms and so on, are their lawyers that would be willing to assist if i have question on the form or not sure of some aspect of it?

Estate Lawyer: David Kennett, Attorney replied 8 years ago

Well I can't speak for other lawyers so I can't tell you whether they would offer partial assistance. Generally most lawyers either want to on the case or not since it is impossible to give proper legal advice on a piecemeal basis. Estate lawyers typically charge a small percentage of the value of the estate usually 2-3%. You can check with the Maricopa Bar Association for a referral to a local probate lawyer since I have no way of directly referring you to a specific lawyer or firm. I have included their website below for your convenience.

 

Dave

 

http://www.maricopabar.org/displaycommon.cfm?an=16

 

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