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I'm about to have a conniption. I'm hoping you can help me here.
My mother passed away two weeks ago. She has a car which has a loan on
it, about half paid off. Mom's will listed me as the sole beneficiary;
she has four kids but the other three are estranged and I don't believe
they will help in any way with paperwork. Mom's will was supposed to
cover that contingency. While I don't personally care if the other three
kids get any money or not, mom was explicit and I'd like to try and
achieve what mom thought was going to happen.
However, despite mom working extensively with a lawyer before she passed
away, we're now running into problems with getting everything transferred
to me. First, mom's bank account won't transfer to me, despite the will.
Now getting the title changed on mom's car is proving to be impossible.
The best the county (this is in Kansas) could suggest was to get the
signatures of all four kids on handwritten "bills of sale", and go through
some long process of getting a non-tag title, although I didn't understand
why and the county treasurer's office was unable to fully explain why. I
am unable to even return the car to the company who has the loan. The
lawyer is no help whatsoever. When I call to ask him for advice or help,
he says he doesn't know what to do and suggests I figure out who to call
to ask questions. He's unwilling to put the will through probate but I
don't even know what probate means.
Why doesn't the fact that the will says I get the car mean anything?
Shouldn't I be able to take the will to mom's bank, to mom's car loan
company, and ask them to please change the name?
This is so frustrating. I'm afraid to go to another lawyer who would be
brand new to the situation and not know any more than the one I have now.
Who can I even call to get help on this situation?
Stacia
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I'm about to have a conniption. I'm hoping you can help me here.
My mother passed away two weeks ago. She has a car which has a loan on
it, about half paid off. Mom's will listed me as the sole beneficiary;
she has four kids but the other three are estranged and I don't believe
they will help in any way with paperwork. Mom's will was supposed to
cover that contingency. While I don't personally care if the other three
kids get any money or not, mom was explicit and I'd like to try and
achieve what mom thought was going to happen.
However, despite mom working extensively with a lawyer before she passed
away, we're now running into problems with getting everything transferred
to me. First, mom's bank account won't transfer to me, despite the will.
Now getting the title changed on mom's car is proving to be impossible.
The best the county (this is in Kansas) could suggest was to get the
signatures of all four kids on handwritten "bills of sale", and go through
some long process of getting a non-tag title, although I didn't understand
why and the county treasurer's office was unable to fully explain why. I
am unable to even return the car to the company who has the loan. The
lawyer is no help whatsoever. When I call to ask him for advice or help,
he says he doesn't know what to do and suggests I figure out who to call
to ask questions. He's unwilling to put the will through probate but I
don't even know what probate means.
Why doesn't the fact that the will says I get the car mean anything?
Shouldn't I be able to take the will to mom's bank, to mom's car loan
company, and ask them to please change the name?
This is so frustrating. I'm afraid to go to another lawyer who would be
brand new to the situation and not know any more than the one I have now.
Who can I even call to get help on this situation?
Probate is a court process by which a will is authenticated, an executor
appointed, and the wishes of the decedant are carried out to the extent
possible. The will means a lot. It probably determines who eventually will
get the assets of your mother's estate. But the will itself doesn't
transfer any property. You and the bank cannot transfer the bank account to
you because neither you nor the bank owns the account. It is owned by your
mother's estate. You need a new lawyer. The lawyer will submit the will to
probate. You probably will be named as executor. The executor has the
right to gather all property of the decedant. After all debts and taxes are
paid, and at the end of the probate process, the executor distributes the
property in accordance with the will. So go to the yellow pages, or the
largest law firm in your city, and hire a probate attorney. Some states
have abrieviated procedures for small estates. I don't know anything about
Kansas law, but the lawyer you interview will know. Make sure it's a probate
specialist.
McGyver
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I am not a lawyer, but I dealt with a Kansas estate. From my experience,
for
what it's worth:
Basically, the will doesn't mean anything until its probated. A will is a
document
that asks the state to ensure that a person's property goes to the right
people when
the maker of the will dies. The will designates someone (or some
institution) as the
one to carry out the wishes of the maker. That person is the executor. Is
that you?
Let's suppose so. Once you have the will probated by the county, they will
give
you a certified copy of the will. Chances are very good that armed with a
certified
copy of the will and some good ID, you can get the titles changed on
anything your
mother owned. Chances are nil that without a certified copy of the will
(and perhaps
a death certificate), that you can get anything changed. Look at it from
the point of
view of the person who has to change the title. If the state says it's OK
to do it, then
they're covered. If it's just your word, why should they pay attention?
Even if you've
got a piece of paper that you say is a will, how do they know? How do they
even
know that your mother is dead?
If the estate is small and uncomplicated, you can probablyh probate the will
yourself. You
need to go to the county courthouse and beg the clerk's office for help.
They're probably
pretty nice and will show you how to do it. It's gonna cost about $200 to
start. The estate
should reimburse you. Any interested party can contest the will, which will
be public,
so make nice with the other three kids. The executor will have to pay any
debts or taxes
due, and creditors have four months to notify you, so some executors delay
distribution, but
they don't have to.
I think you have six months to get the will to the probate court. Wait too
long and it gets
more complicated.
The car is much easier. You're talking to the wrong people. The county
doesn't deal
with cars. The state does. Go to your nearest Motor Vehicle office and
explain that your
mom died and you'd like the title transferred. They have special procedures
for a car,
and they'll explain exactly what you have to do. I did this in 24 hours.
Of course, it took
driving to Topeka and standing in line for a bit, but it was easy. As I
recall, you'll need all
the heirs to agree to the transfer, but it sounds like it's just you. I
don't recall anything about
a "non-tag title." The tags should be good until they expire.
Sounds like the lawyer just doesn't want to deal with the estate. If you're
uncomfortable
with any of this, get another lawyer. (Find out up front how much it will
cost.) If you live
in Johnson County, and you're interested, post a reply, and I can email a
recommendation.
Deadrat
*** I am not a lawyer so this can't be legal advice. ***
*** In fact, Toto, I don't live in Kansas anymore. ***
I'm about to have a conniption. I'm hoping you can help me here.
My mother passed away two weeks ago. She has a car which has a loan on
it, about half paid off. Mom's will listed me as the sole beneficiary;
she has four kids but the other three are estranged and I don't believe
they will help in any way with paperwork. Mom's will was supposed to
cover that contingency. While I don't personally care if the other three
kids get any money or not, mom was explicit and I'd like to try and
achieve what mom thought was going to happen.
However, despite mom working extensively with a lawyer before she passed
away, we're now running into problems with getting everything transferred
to me. First, mom's bank account won't transfer to me, despite the will.
Now getting the title changed on mom's car is proving to be impossible.
The best the county (this is in Kansas) could suggest was to get the
signatures of all four kids on handwritten "bills of sale", and go through
some long process of getting a non-tag title, although I didn't understand
why and the county treasurer's office was unable to fully explain why. I
am unable to even return the car to the company who has the loan. The
lawyer is no help whatsoever. When I call to ask him for advice or help,
he says he doesn't know what to do and suggests I figure out who to call
to ask questions. He's unwilling to put the will through probate but I
don't even know what probate means.
Why doesn't the fact that the will says I get the car mean anything?
Shouldn't I be able to take the will to mom's bank, to mom's car loan
company, and ask them to please change the name?
This is so frustrating. I'm afraid to go to another lawyer who would be
brand new to the situation and not know any more than the one I have now.
Who can I even call to get help on this situation?
Stacia
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I'm about to have a conniption. I'm hoping you can help me here.
My mother passed away two weeks ago. She has a car which has a loan on
it, about half paid off. Mom's will listed me as the sole beneficiary;
she has four kids but the other three are estranged and I don't believe
they will help in any way with paperwork. Mom's will was supposed to
cover that contingency. While I don't personally care if the other three
kids get any money or not, mom was explicit and I'd like to try and
achieve what mom thought was going to happen.
Go to your local bookstore and get a copy of a self-help type of probate
book. Two I know about are "The Complete Probate Kit," by Appel and Gentry
and "Probate and Settling an Estate,"by Jurinsky. Undoubtedly there are
others. After looking over this material, you may still believe you need
services of a new lawyer, but you will be much better informed and know what
is going on. And you may find out that the task of executor is not as
onerous as you think now and you may want to go ahead and act as executor
after all, if the will provided for it. Bear in mind that the executor is
entitled to a substantial fee for his or her services, which is paid from
the estate and is over and above what you may inherit along with your
sisters and other possible heirs.
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On Mon, 09 May 2005 22:06:36 GMT, "Don" <dwzimm@telus.net> wrote:
Go to your local bookstore and get a copy of a self-help type of probate
book. Two I know about are "The Complete Probate Kit," by Appel and Gentry
and "Probate and Settling an Estate,"by Jurinsky. Undoubtedly there are
others. After looking over this material, you may still believe you need
services of a new lawyer, but you will be much better informed and know what
is going on. And you may find out that the task of executor is not as
onerous as you think now and you may want to go ahead and act as executor
after all, if the will provided for it. Bear in mind that the executor is
entitled to a substantial fee for his or her services, which is paid from
the estate and is over and above what you may inherit along with your
sisters and other possible heirs.
Probate is NOT the type of thing you shoudl do on your own. I would
see a qualified probate attorney in your area.
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Probate is NOT the type of thing you shoudl do on your own. I would
see a qualified probate attorney in your area.
Still, it is wise to first become informed about the nature of the process
and have some understanding of the sort of problems for which a qualified
attorney might be needed. Some things can be done "on your own," some not.
As an executor, you are able to hire qualified professionals, including
attorneys, accountants, etc., as problems arise, and to pay them reasonable
fees from the proceeds of the estate. It is all to your advantage to do a
little reading about the probate process before jumping into it.
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