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- Newsgroups: misc.legal
- Path: sparky!uunet!cs.utexas.edu!sdd.hp.com!sgiblab!pacbell.com!att-out!cbfsb!cbnews!ask
- From: ask@cbnews.cb.att.com (Arthur S. Kamlet)
- Subject: Re: Probate
- Organization: AT&T Bell Laboratories, Columbus, Ohio
- Distribution: usa
- Date: Sat, 23 Jan 1993 05:30:35 GMT
- Message-ID: <1993Jan23.053035.27338@cbnews.cb.att.com>
- References: <1jnehsINNrph@nic.umass.edu>
- Lines: 36
-
- In article <1jnehsINNrph@nic.umass.edu> PGSMITH@UCSVAX.UCS.UMASS.EDU ( ) writes:
- > Can anyone give me a quick pointer to Net information on probate
- > and possibility of avoiding. Thanks pgsmith@ucsvax.ucs.umass.edu
-
- When one dies, someone files a will with the probate court in
- the state and county where the deceased was domiciled. If the will
- names an executor, the executor probably files the will. If there's
- no will, someone - usually a close relative -- applies to the court
- to be apointed administrator of the estate. Anyway, the court will
- eventually appoint someone to be executor/administrator or the
- estate, and will monitor the administration of the estate. Most
- papers filed with the court become a public record.
-
- The courts of several states have a reputation for being very slow
- and/or very nitpicky, and request lots of papers and bonds. In many
- cases the executor is a lawyer or asks a lawyer to help out. While
- some lawyers bill by the hour, many bill by value of the estate.
-
- Many assets can be distributed without being monitored or approved
- by the probate court. These include joint tenancy accounts with
- rights of survivorship, accounts "Payable on Death" or "In Trust
- For" (these just take a death certificate and, in some states, a
- few more forms, but not a court order) and assets in certain trusts,
- such as a living trust.
-
- However, these assets could still be part of the estate for
- inheritance tax purposes; avoiding probate of those assets does not
- avoid the taxes. And if the executor's agreement with the lawyer
- is based on billing as a percentage of the estate, the lawyer's fees
- will be roughly the same.
-
- In any case, even if virtually all assets are non-probateable,
- everyone should still have a will for many reasons, and that will
- should be probated.
- --
- Art Kamlet a_s_kamlet@att.com AT&T Bell Laboratories, Columbus
-