Does anyone know anything about probate?

[Saint Frankenstein]

My mom passed 8 years ago and I wasn't in a position to handle the estate due to circumstances. Well, I recently got back into contact with the relevant person at Macy's and am prepared to deal with it now.

But my situation is confusing. I plan to file a Small Estate Affidavit, as the total worth is less than $35,000 (it's just my mom's pension, no cars or real estate). I lived with her and still live in n the same state where she died. I have a couple of half siblings from her, but they both are on West Coast and one wants nothing to do with it and I don't have any contact with him, anyway. The other sibling left it to me to do as she can't do it. So I don't know how to handle them on the forms. There's no will or beneficiary named, although that's not a requirement for the paperwork I'm doing. I would think it would be straightforward as I'm the only one in the state. But I don't really know.

Plus, the fee is $123, which is ridiculous. I am pretty sure I can get the fee waived, though.

Basically, I need to talk to a lawyer. I've never dealt with this stuff before and am doing it myself. I really can't afford a lawyer right now (can't afford anything, honestly, even my bank account is overdrawn). Legal Aid doesn't offer probate lawyers, which is lame. I don't know what lawyer to reach out to. I've tried a few places but haven't heard anything back. (I guess finding a lawyer is like finding a job now. ) I hope I can get all the answers I need with just a free consultation.

Any ideas? I would love to get this done ASAP. This money would have me set for a long while.

 

[sun rise]

I have to wonder what might have happened during those 8 years? What Happens If an Estate is Not Closed? | JacksonWhite Probate Law discusses some of the possibilities.

I'm also not sure what "Macy's" has to do with this because my instant take is that Macy's is a department store. I assume there's a different Macy's here but who they are is unknown.

And of course the state you're in would have different rules. These are CA's Small estate affidavit to transfer personal property | California Courts | Self Help Guide which notes that it's only valid if a regular probate has not been opened.

 

[Saint Frankenstein]

I have to wonder what might have happened during those 8 years?

I don't really see why that's relevant. Life happened and I'll leave it at that.

I'm also not sure what "Macy's" has to do with this because my instant take is that Macy's is a department store. I assume there's a different Macy's here but who they are is unknown.

Macy's is where her pension is from.

 

[Revoltingest]

My mom passed 8 years ago and I wasn't in a position to handle the estate due to circumstances. Well, I recently got back into contact with the relevant person at Macy's and am prepared to deal with it now.

But my situation is confusing. I plan to file a Small Estate Affidavit, as the total worth is less than $35,000 (it's just my mom's pension, no cars or real estate). I lived with her and still live in n the same state where she died. I have a couple of half siblings from her, but they both are on West Coast and one wants nothing to do with it and I don't have any contact with him, anyway. The other sibling left it to me to do as she can't do it. So I don't know how to handle them on the forms. There's no will or beneficiary named, although that's not a requirement for the paperwork I'm doing. I would think it would be straightforward as I'm the only one in the state. But I don't really know.

Plus, the fee is $123, which is ridiculous. I am pretty sure I can get the fee waived, though.

Basically, I need to talk to a lawyer. I've never dealt with this stuff before and am doing it myself. I really can't afford a lawyer right now (can't afford anything, honestly, even my bank account is overdrawn). Legal Aid doesn't offer probate lawyers, which is lame. I don't know what lawyer to reach out to. I've tried a few places but haven't heard anything back. (I guess finding a lawyer is like finding a job now. ) I hope I can get all the answers I need with just a free consultation.

Any ideas? I would love to get this done ASAP. This money would have me set for a long while.

Try finding a lawyer who'll work for a contingency fee,
ie, they get a percentage of what they collect on your
behalf. They take the risk their effort won't pay off.

 

[sun rise]

I don't really see why that's relevant. Life happened and I'll leave it at that.

I did not mean personally but from the estate perspective as the reference to the law firm site indicated.

 

[Saint Frankenstein]

I did not mean personally but from the estate perspective as the reference to the law firm site indicated.

I see. I'm in Ohio. I guess they don't have laws like that here or they don't apply in my case. In this case, it's just a pension fund. I don't think my mom has any debts, but I'm unsure of what counts as a debt (especially one that carries over after death). That's why I need expert advice, I guess. I was hoping I could do this without a lawyer but it's looking like I can't. I'll screw something up.

I guess I was hoping someone on here was a lawyer or paralegal, or other expert.

 

[F1fan]

You may need to get an affidavit from your siblings that says they have no claim from your mom’s estate. Otherwise the court might withhold their portion. You would want to create these documents yourself that includes a place for a notary. Look for templates online.

There may be free consumer advocates that can help guide you through the legal process. You can probably do it all yourself, but courts are very particular about documents being in a certain format, like font, font size, margins, etc. You can file documents with the court yourself. If there’s a mistake sometimes there is someone who can help “cure” the problem. They call mistakes in legal matters being “cured” for some reason.

There are actual legal forums on the internet that include people who share their experiences and how to navigate the legal system. I was sued twice by debt collectors and what I learned on these forums allowed me to win both cases.

 

[Saint Frankenstein]

You may need to get an affidavit from your siblings that says they have no claim from your mom’s estate. Otherwise the court might withhold their portion. You would want to create these documents yourself that includes a place for a notary. Look for templates online.

See, that's the thing. They don't live in the state and I have no contact with one of them. (He knows our mom is dead because he talks to my other sibling, but not me. He doesn't want anything to do with this because he hates our mom for stupid reasons.) And the other one can't come out here to do anything and left it to me. That's what makes this so complicated and confusing.

I honestly wish I didn't have siblings. They're just making everything more complicated. Too bad my mom didn't name me as the beneficiary as she did with the life insurance. Would've saved me a big headache. I'm hoping I can just skip opening an estate, as I'm the only one able to even deal with the issue.

But thanks for the rest of the advice.

 

[F1fan]

See, that's the thing. They don't live in the state and I have no contact with one of them. (He knows our mom is dead because he talks to my other sibling, but not me. He doesn't want anything to do with this because he hates our mom for stupid reasons.) And the other one can't come out here to do anything and left it to me. That's what makes this so complicated and confusing.

Interesting. You may be able to file a document with the court that explains they opt out, and use any email or letter as evidence. Since they know your mom has died and have made no effort to file a claim there could be a legal precedent that they have abandoned the whole thing.

You making a good faith effort to contact them is in your favor.

I honestly wish I didn't have siblings. They're just making everything more complicated. Too bad my mom didn't name me as the beneficiary as she did with the life insurance. Would've saved me a big headache. I'm hoping I can just skip opening an estate, as I'm the only one able to even deal with the issue.

Indeed. I have an estranged sister and my mom left her out of the will. She hasn’t asked about it.

But thanks for the rest of the advice.

Sire. Glad to help.

 

[Ebionite]

English common law has the natural right of inheritance of the eldest son, which would be cognisable by the Ninth Amendment. It's unlikely that agents of the state would recognise this, though.