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Probate Court
Posted on 6/30/18 at 12:13 pm
Posted on 6/30/18 at 12:13 pm
An elderly man dies with no will and no heirs and no debt. He left approximately 220K in savings and checking. He has two surviving siblings. I'm assuming they must hire a lawyer and petition the court for the money? He died in the hospital so the hospital may come as a creditor for payment, correct? How does it work? What is the likely outcome?
5
Posted on 6/30/18 at 12:30 pm to Adajax
I can tell you one thing the hospital is coming for their money. I’d be shocked if there already wasn’t a lien drawn up
Posted on 6/30/18 at 1:38 pm to HarveyBanger
Edt. Read it wrong. How long was he in the hospital?
This post was edited on 6/30/18 at 1:42 pm
Posted on 6/30/18 at 1:48 pm to Adajax
Which state
Posted on 6/30/18 at 4:21 pm to TheOcean
LA. Was in the hospital for about a week. Had a heart cath, no surgery, in ICU two or three days. He was on Medicare but didn't have supplemental insurance.
This post was edited on 6/30/18 at 4:25 pm
Posted on 6/30/18 at 4:46 pm to Adajax
If he had Medicare then Medicare should pay for the hospital bills. There may be a smaller balance to hospital.
I'd imagine you would need to peition the probate court as a representative of his estate. Obviously, if your other sibling is on good terms then not fighting stuff will help.
ETA: Yes get a lawyer. Any balance from medical providers could be negotiated lower.
I'd imagine you would need to peition the probate court as a representative of his estate. Obviously, if your other sibling is on good terms then not fighting stuff will help.
ETA: Yes get a lawyer. Any balance from medical providers could be negotiated lower.
This post was edited on 6/30/18 at 4:48 pm
Posted on 6/30/18 at 4:58 pm to Adajax
quote:
An elderly man dies with no will and no heirs and no debt. He left approximately 220K in savings and checking. He has two surviving siblings.
He has two siblings so he has two heirs.
Posted on 6/30/18 at 5:04 pm to EA6B
Thanks everyone. His siblings are 87 and 82. There will be no fighting over the money. Just wondering if it is necessary to hire a lawyer or will the probate judge automatically split the estate (after any money the hospital gets) between the surviving siblings. Do they need to file anything with the court?
Posted on 6/30/18 at 5:15 pm to Adajax
If no will then the judge should just split according to state law
Posted on 6/30/18 at 5:18 pm to Adajax
Nothing will be done “automatically”. We do not have separate probate courts or probate judges in LA. One of his heirs needs to contact an attorney to open his succession. Did one of the siblings have a power of attorney over his affairs, or was one of them named on his bank accounts? What needs to be done depends on how his assets are held (ie, property, cash in bank, IRA with a designated beneficiary). Expect to pay a few thousand if things are as straightforward as described.
Posted on 6/30/18 at 8:45 pm to hungryone
ETA: Sorry. I thought SB 48 had passed during the Regular Session this past year.
This post was edited on 6/30/18 at 8:49 pm
Posted on 6/30/18 at 9:01 pm to Adajax
If he has deceased siblings, their children will come in to play. They will represent their parents, assuming the decedent had no children and no surviving spouse.
Posted on 7/1/18 at 12:33 pm to hungryone
quote:
expect to pay a few thousand if things are as straight forward as described.
Highway robbery.
Posted on 7/1/18 at 3:53 pm to iknowmorethanyou
Why would you say highway robbery? Few successions are completely uncomplicated with all of the assets sitting in cash accounts. Assuming he’s deceased without a will, it will require determining that there are indeed no other living heirs....perhaps he has a deceased sibling who fell out of touch with the family. Attorney’s got to track those folks down, as the deceased sibling’s offspring are legal heirs.
Or he was the crotchety old sort who didn’t share his affairs with others, so someone will have to sleuth around to determine that no assets are being overlooked....ie, siblings may or may not know if he owned property...someone’s gotta look through his banking records for any evidence of annual tax payments. Maybe there’s jointly owned property...maybe there are mineral rights...maybe there are land leases.
“Highway robbery” is a relative term. I’ve found that with legal services, you very much get what you pay for.
Or he was the crotchety old sort who didn’t share his affairs with others, so someone will have to sleuth around to determine that no assets are being overlooked....ie, siblings may or may not know if he owned property...someone’s gotta look through his banking records for any evidence of annual tax payments. Maybe there’s jointly owned property...maybe there are mineral rights...maybe there are land leases.
“Highway robbery” is a relative term. I’ve found that with legal services, you very much get what you pay for.
Posted on 7/1/18 at 5:01 pm to hungryone
Just a shame what open and shut successions cost these days. All brought to you by mediocre "estate planners".
This post was edited on 7/1/18 at 5:06 pm
Posted on 7/1/18 at 5:59 pm to iknowmorethanyou
I’d like to know what you mean by mediocre estate planners. Are you saying anytime a relatively simple estate (house, car, bank accounts valued around 500k) goes through probate court here that the estate planner failed? If so I would like to hear the alternative.
Posted on 7/2/18 at 6:58 am to iknowmorethanyou
quote:
All brought to you by mediocre "estate planners".
Huh? Most open and shut successions never even saw an estate planner. Besides, the succession is determined/required by law and really cannot be avoided.
Posted on 7/2/18 at 9:25 am to Adajax
in addition to his bills incurred while living (hospital), his funeral expenses will also be a deduction from his estate. if someone else in the family ponied up for the funeral, they can be paid back out of the estate. unless somebody else's name was on his accounts, the bank will not let you touch them without either letters of administration or a judgment of possession from the court. call a lawyer.
Posted on 7/2/18 at 11:30 am to Adajax
quote:
Just wondering if it is necessary to hire a lawyer or will the probate judge automatically split the estate (after any money the hospital gets) between the surviving siblings. Do
I would 100% hire an attorney.
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