Lawyer trouble.

[Oaktree]

My family has dealt with two or three probate lawyers over the years and I don't remember one who wasn't slow.

Yeah, lawyers are slow in general. When I bought my first house, I bought an adjoining piece of land from the same seller but in a separate, private transaction (long story there). Apparently, she'd never filed paperwork to release the lien when I paid her off. Of course she'd been deceased for a couple decades when I sold the property and realized the situation. What a PITA, we had to track down her 2 daughters, both of whom lived out of state and get them to sign off. Even though my wife and I did much of the research, it still took over 6 months to finalize.

 

[JasperFrank]

You guys have it easy with your 7 or 8 month probates. It took seven years to figure out my Dad's Estate cause he had got remarried with out an updated will, and we had to go though the Spousal Election. As the elected Admin, cause the Named Bank Executor declined, which they can, I will say you never want to do this. You can't ever be the good guy. EVERYONE will hate you and hold resentment that you had to follow the law, and break every verbal agreement one party may have understood, but not recorded anywhere..
If you have stuff, make sure where its going to go in writing, or give it away earlier. This was 7 years I will never get back. And even after everything was closed, and I had specifically signed-off of the Estate, relatives still wanted me to fix things many years later: Let a lawyer do this.
And , lawyers do not work under a hierarchy. They are all independent in a Firm. There is no BOSS for you to talk to, if they seem to be not doing their jobs.

 

[kenmac]

this is the very reason I have a trust. Trust wasn't cheap, but No probate needed

 

[BravoXray]

When I was getting a divorce in 1981, the exes lawyer was dragging everything out for no reason other than to cost me more money. The ex and I had agreed on the way everything was to be split up, no remaining issues. After three months of jerking me and my lawyer around, I had had enough and called him and told him to get off his fat ass and get this wrapped up ASAP. Ten minutes later my lawyer called me and chewed me out for making the call.
But, a week later everything was signed, sealed and finalized.

You know what you call an ocean liner with 2,000 lawyers onboard at the bottom of the ocean.

Rim shot....

A start.

 

[Oaktree]

When I was getting a divorce in 1981, the exes lawyer was dragging everything out for no reason other than to cost me more money. The ex and I had agreed on the way everything was to be split up, no remaining issues. After three months of jerking me and my lawyer around, I had had enough and called him and told him to get off his fat ass and get this wrapped up ASAP. Ten minutes later my lawyer called me and chewed me out for making the call.
But, a week later everything was signed, sealed and finalized.

Your lawyer should have been the one to make the call, but all the delay and screwing around was more money in his pocket too so there wasn't much incentive. Lots of mutual back scratching in that business.

 

[3Ts]

And after several months, they turn it over to another lawyer in the office and both charge for consulting with each other, then the 2nd lawyer spends several months to "finish" it up.

 

[Torvy]

It doesn't get better when they become judges...a co-worker was getting divorced. After 4 kids, wife switched teams. She was finishing up a degree...he had been the sole earner. They did their own agreement that was fair to both, and the kids. Judged sent them back to increase her money. She now makes about 2x what he does. To get his alimony reduced, he has to go back to court.

 

[ultrarunner]

this is the very reason I have a trust. Trust wasn't cheap, but No probate needed

I've seen times where probate is the only way to follow deceased wishes.

At least all out in the open.

Mom of a very good friend passed and only a few months before a grand daughter set up a Trust.

The will stipulating everything monetary and real estate equal in value no longer valid...

The extensive bequeath list out the window as was her church of 60 years and very much a part.

The granddaughter who had little to do with family because of a divorce was in charge.

The lawyer that had prepared the original will was in the dark on trust as was everyone else... documents had not yet been returned from the recorders office.

Joint accounts had been closed... deposit boxes emptied and the family never received any accounting... only told a Trust is a private matter.

 

[PILOON]

Years back I rear ended a car while I was arguing with my boss.
I was issued 2 tickets, reckless driving and following too close.
I lived some 75 miles from the 'scene' so I went first to local attorneys for quotes which started at $1200. and downwards to about $500.
After talking to some 10 - 12 lawyers I finally hit upon an honest one.
He advised me to plea guilty to the minor offence and that the major one would be dropped.
Also he refused any fees so I bought him a fine scotch by way of thanks.
Takes all kinds.
As a sales rep the major ticket would have cost me my permit and therefore my employment

 

[MAX-24-Dean]

Don't go to probate. The ideal situation is NOT to have an estate in the first place. Clear titles with assigned rights of survivership. And if you know you only have so many days, GIFT bits and parts away. I think its 16K TAX FREE right now.

Except, don't gift real estate. Sell it for a dollar, otherwise there could be tax consequinces.

 

[riptides]

Except, don't gift real estate. Sell it for a dollar, otherwise there could be tax consequinces.

Can apply to personal property too.

 

[3Ts]

Except, don't gift real estate. Sell it for a dollar, otherwise there could be tax consequinces.

Definitely!!! We sold 3 properties together and a lawyer wanted all the proceeds apply to one of the three and the other two we were supposed to gift. No Way! We spent months arguing over this, finally changed to a lawyer that would go to court and it was resolved in a few weeks. Our CPA did confirm that there would be major tax consequences for a real estate gift.

 

[Torvy]

The concept of taxing individual gifts and/or inheritance should stop. All of that value has already been taxed.

 

[Raul-02]

He also doesn't return my phone calls or text messages

I'm an attorney. In the three states where I am licensed that is an ethics problem. Send him a First class letter ( no need for signatures, the Law has a presumption of delivery for first-class USPS mail).
Tell him that he has not responded to your X number of contacts. That unless there is some probate problem you don't know about and about which he should have told you then you don't understand why this matter has dragged out and that you would much prefer to deal with him than to go to Attorney Ethics so please contact you immediately.

 

[JasperFrank]

I'll have to look into that personal property gifting tax consequence.
My uncle wanted to gift me a car valued at about 15K.
I didn't want to fly out 3,200 miles, and pick it up and drive it back.... and well, I already had a car I liked.
We decided to go the cash equivalent as a gift, which was tax free. He later gave the car to a cousin that lived nearby. I'll have to ask her if there was a tax involved in the transfer over and above the usual.

Everyone needs to think at least a little about estate planning.

 

[BravoXray]

Your lawyer should have been the one to make the call, but all the delay and screwing around was more money in his pocket too so there wasn't much incentive. Lots of mutual back scratching in that business.

I asked him to give her lawyer a call, but he said that would only make him drag his heals more. So I called the SOB and told him to get off his behind. Oh, and I just remembered, he was a judge at one time, too. Old, pompous ass, set in his ways.

 

[kenmac]

I've seen times where probate is the only way to follow deceased wishes.

At least all out in the open.

Mom of a very good friend passed and only a few months before a grand daughter set up a Trust.

The will stipulating everything monetary and real estate equal in value no longer valid...

The extensive bequeath list out the window as was her church of 60 years and very much a part.

The granddaughter who had little to do with family because of a divorce was in charge.

The lawyer that had prepared the original will was in the dark on trust as was everyone else... documents had not yet been returned from the recorders office.

Joint accounts had been closed... deposit boxes emptied and the family never received any accounting... only told a Trust is a private matter.

for me. the pros of trust, out weighted the cons. It cost me more up front, but lawyers won't drain the estate dry, taking their time billing for everything they can think of going through probate, and protecting assets.

If they play their cards right. These two boys won't have any worries.
They do pretty good on their own. One a paramedic /FF and has a small business. The other a hospital administrator.
So what I leave them will just be icing on the cake so to speak .
There's no reason for some sorry lawyer to be able to burn through much of it wasting time on probate

 

[ultrarunner]

I had a friend that was simultaneously a lawyer, reserve police lieutenant and traffic court relief judge…

He was no nonsense but very affable and I was able to do several ride alongs with him as a police officer and see him in action at traffic court.

Traffic Court was often busy and at the start anyone here to plead guilty and ready to make a deal?

A few would say yes and he said you move to the head of the line and get you out fast.

No priors traffic school, 50% fine reduction and have a nice day.

What might be two or three would expand to double or triple…

He processed more than any other…

The contested would take a lot more time and often go very late into the night…