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My Mother Passed away recently and my brother and I are

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named as executors in her...
My Mother Passed away recently and my brother and I are named as executors in her will. Her estate is relatively small brokerage accounts, life insurance and Ira totaling 126K and home 300K.My brother wants to handle the estate without probate but I'm leaning toward getting an attorney what is your recommendation?
Submitted: 4 months ago.Category: Estate Law
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3/15/2018
Estate Lawyer: Richard, Attorney replied 4 months ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,047
Experience: 29 years of experience practicing law, including tax and estate planning.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Estate Lawyer: Richard, Attorney replied 4 months ago

Good morning. Given the assets, you're going to need to go through the probate process. It's possible that some of these assets would pass outside of probate because certain assets pass outside probate and thus are not governed by the will and thus do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. But, it's unlikely the house would fall within these categories.

I know that this seems like a huge hassle, but this is for the protection of all involved parties. In order for other parties to be assured that the will is valid and your appointment is valid, those parties need verification from the probate court that this was indeed the valid last will and testament and that you are indeed the authorized personal representative as evidenced by letters testamentary issued by the court. Otherwise, third parties can't be sure that someone else is not going to later claim to have the valid will and to be the representative. These rules are also in place for your own protection to prevent someone else from claiming estate assets.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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