I got the hard copy yesterday from the lawyer that represents my sister in another state. I'm in Virginia and the will was written in NC where my mother lived. It's too damn complicated for me to figure what if anything I will get. I think something, but it looks like my sister gets the majority. I'm looking for an estimate of what an attorney will charge me to get some ide what I will get.. I can't spend a lot . It looks like there are stocks and bonds worth about 500,000 as of last week. Not much else... But the wording is beyond confusing to me.
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The executor is supposed to be an attorney or using an attorney.
No need for you to hire one unless there is a dispute anticipated.Comment -
[QUOTE=dustyy;29933662]A good one will charge between $350-$400 an hour in NC You can get a junior for around $200.
Check out your county's legal aid options. A lot of attorneys will do pro bono work if you have limited resources.
Hope it works out for you[/QUO
Thanks I can read it in 10 minutes, but how many hours will a lawyer charge... And then "if there are disputes, the executrix" has final say.. That means what..I get nothing?Comment -
Not true my friend, it is usually an unbiased trusted family member or friend, especially on smaller estates. The executor or personal representatives job is to follow the wishes of the deceased and that is usually spelled out.
You are correct when you say that you don't necessarily need an attorney to settle the estate, just a good, honest person who can take the time to make sure the wishes of the decedent are keptComment -
[QUOTE=LongBall52;29933677]Shouldn't be more than an hour or two. The real cost comes if you contest the will. A family law junior attorney in your area would be your best bet. They have to spell out their fees in an engagement letter so there shouldn't be any surprises.
There may even be an attorney in here that could give you some solid advice. States differ so make sure the advice you get applies in NCComment -
Each and every state is different. Some States require a probate hearing. Others may or may not require such a hearing depending on the circumstances surrounding the estate itself. If your mother was a resident of North Carolina when she passed, North Carolina law, and the laws of the County she lived in will determine what must be done.Comment -
There's no lost love between my sister and I. She is not only the executor, but was with my mother when the final portion of the will was written in 2008. The lawyer's second sentence to me was that he represents my sister. He then went on to talk about the Inventory and Affidavit .. Yeah she needs the money, but so do I!Comment -
Sounds like your sis may have anticipated a potential problem so she had an attorney contact you. You read the will, is there anything in the will you feel is unreasonable? If so, your best bet is to bite the bullet and deal directly with your sis or her attorney.
It's an uphill battle and could be costly to prove that the will is not valid. The fact that she has an attorney and you don't puts you at a disadvantage.
Your mom may have been influenced by your sister but proving she was coerced or was not of sound mind is a very high hurdle.
Again, your best option may be to appeal to your sister's better side. Her job is not to make decisions, her job is to follow the wishes of your mom and hopefully she will be charitable with her portion of the estate.
Not a good situation for you dude, sorry. Wouldn't hurt to spend a couple hundred to get a professional opinionComment -
Ask Morino, he’s been getting killed for weeks. I think he has a will.Comment -
I think dustyy has the problem nailed. One part of the will says : shar and share alike. Anther part of the will has her getting a HUGE amount.
I think it's all directed by attorneys to get people in court! That's very jaded and sad! But thanks for all the advice. And dustyy is likely the best. I will NEVER kiss my sister's as and it wouldn't do any good.. We have a different view of the world.Comment -
Bite the bullet, give a probate attorney $2500 and ask them to contact your sisters attorney on your behalf.
The fact that you have representation will ensure no screwing around from either party- because if either party does, then both are guaranteed to spend ALOT of money fighting over a smaller and smaller pot.
Don't wait, and dont delay. It's probably an informal probate so you're responsible for ensuring your claim is brought before the court.Comment -
Don't do that, you are throwing your money away. Spent the $200 to have a local attorney review it. The will sounds pretty cut and dry, liquidating the securities and distributing the cash. No real estate or other assets to speak of. The will should break down the percentage of distribution.
You will blow through your cash fighting a battle that you will eventually lose. Unless you have iron clad proof that the will is not legitimate, I would take what I get and be thankful that you will never have to deal with your sister again.Comment -
Thanks dusty! I don't see a % breakdown. But if I was to get nothing the attorney in NC would not have sought my personal information. What i do see is a dollar distributation, where she get $322, 000 from the above figure $492,300. But it's way more complicated than that.. Thanks.Comment -
That's right he wouldn't have wanted your information if you weren't going to receive funds. She may have hired the attorney because she didn't want to have to deal directly with you. If she took care of your mom, your mom may have tried to take care of your sister in the will for being a primary caregiver. Also, an executor or personal representative (same thing) is entitled a fee and reasonable expenses for taking on the job of handling the estate, usually about 5% of the amount of the estate.
This may not be as bad as it sounds. I would call the attorney that asked for your info and ask him to give you an idea of the amount of your distribution. Your sister will have to provide a full accounting of income and expenses to close the estate.
Anyway, good luck, I hope it works out.Comment -
I said, or "using an attorney" because I didn't mean the executor is the atty (although that does happen) but that the executor hires one, so that there are no mistakes. Then he, as a beneficiary will be entitled to legal services (all together) through the will at the will's cost of disbursement. It all depends on what and whom is involved. Your questions and concerns can all be brought up in this group setting. It should be offered to all involved. The language you're having difficulty with was written by an atty that you can contact.Comment -
You would need to hire an attorney licensed in the State in which the probate is filed.
If you just hire a guy to read the will you have not hired legal representation and your sister isn't responsible for ensuring your claims are brought before the court.
If you're 'inheriting' 100k or so, I'd say 2500 bucks for a guaranteed clean probate is a small price to pay.Comment -
Check out, see if there is a “ we the people “ in your area.. They will read the will for 1/4 the price of a Lawyer.. Google “ We The People “..Comment -
moronio charges 10 dollars an hour u can find him at the drive thru windowComment -
I was quoted 425.00 per hour several years ago. Most likely more now. G.L.Comment -
I just did the google for "We the people" in Virginia... It's beyond me, what that's all about. When I finally click on Virginia -We the People, I get only a confusing mismash of things about the Constitution. The problem will be STATE laws, I guess and not going to go to NC. My fear is that somehow they (my sister and the attorney) will find a way to give me some of minimum via NC state law.
Damm wills should be the same in all states!Comment -
I recall hearing in my youth, that if you wanted to insure someone not getting any proceeds from your will, that you left said person; "$1.00". By doing this they could not challenge what they eventually received from a sizeable estate. I grew up in rural Virginia and that was very long ago.Comment -
Any paralegal service will be able to read it .Comment
