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Probate Court Hell and no time to Mourn!
Techleo
Member Posts: 1,984
Well my own personal hell is officially starting up. This saturday my mom passed, quite literally in my arms as I watched her die. Not as unpleasent as what is coming though. I quite literally have a dozen lawyers trying to come after my moms assets which only make up 1/10th the value of her debts! Its would be rather amusing if I werent involved. Several of the larger credit card companies are lining up troops to fight each other over whats left. Then you have the hospitals, which bless there heart are willing to forgive her debts. I have a greater respect for them now then I ever did before.
Unfortunately now after consulting with a Attorney Im also fucked on my moms house sale. Basically Im looking at multiple probate court trials, in multiple states, for the next 2 years! So if Im not around as much, you know why.
Hope you all are doing better! Oh and a sidenote, I LOVE WOW! Im sorry after years away Im having a blast coming back hahaha. *Facepalms*
Comments
I am sorry you are having such a hard time Tech, It is really terrible what they put grieving families through. They act like a bunch of vultures caring nothing for the needed healing time of a family who hs lost a loved one.
I always reccommend people give what they want family to have before something happens, or at least put their names on the items and request they come to the home and take them Before the lawyers show up. It is sad that is the only way for people to guarantee that the family members will receive the heirlooms you wish them to have.
The worst part about that though, is you are in such pain from the loss of a loved one, you cannot even imagine doing such a thing. The things mean nothing at the time due to the pain. It is disgusting how this system works.
My condolences to you and your family.
My condolences to you on your loss.
I'm curious, but it's none of my business so if you don't want to post it I understand. How did your mother accumulate such debt? I'm sorry to hear that everything she had will be consumed by it.
Unfortunately, ^liscious, some heirs are more concerned about their inheritance than the loss of their loved ones. I have a friend whose wife's father died of a brain tumor. She said that when he was first diagnosed with the terminal disease, her brothers and sisters, rather than being concerned about him, started arguing over who would get what after he passed. She was appalled and her relationship with them was never the same after that.
Don't sweat it. They can line up all they want, but the first thing needed to be published is the letter to creditors. There are several media in which it will be available, but, if after the time frame (usually differs state-to-state), they may make no claim on her assets. Don't promise any creditors anything - just let your probate attorney file the letter.
I really sympathize with you. I was with my mother when she died. It was the hardest damned thing I ever went through. I'm not going to be unrealistic and tell you that it will get better in a while. It's been 5 years since her passing and I still wake in a frenzy and still see her last breath. The most difficult time for me is her anniversary, which, when she died, was Father's Day.
While it is difficult, do not focus on her death - focus on the times you had to enjoy her in life. It makes things a bit easier.
From the depths of my heart, I am sorry for your loss.
The way my state works, if any items are transfered within 2 years of the persons passing the probate court can ask it back to pay her debts. No amount of wills will stop this. If a item was given before that point you can keep it. Thats why my state tends to see people giving other people stuff quite awhile before they die. It a sucky system but it does help the state from keeping people dodging there debts after death. Of course IRA's and a number of things are exempt from probate court and many families just put money into those starting many years before there death. My mom had one but a majority of her funds were in another account WITHOUT a transfer on death. All of those funds WILL be going to the medical bills first. Leaving the inheritors zilch.