My mother passed in june and had a structured settlement my father then passed in august,no will for either.
4 attorney answers
This is the problem of the "double probate" that I discuss on my website, referenced below. In some of the rural counties of Nevada I have been able to treat a situation such as yours in a single probate proceeding, but in Las Vegas the Clark County courts insists that it be done exactly as you describe.
If you go to a dentist for a crown, one dentist might charge $500 and another $1500. Likewise with probate, the fees that different lawyers charge vary greatly. At my firm of Reed & Mansfield we offer discounted fees for uncontested probates. See our website, www.probatenevada.net
Typically percentage fees go down the bigger the estate. So our website does not offer one flat percentage rate regardless of the size of the estate.
Most retirement plans, annuities and life insurance policies let you decide what should become of your assets in the event of your demise through the designation of beneficiaries. The primary beneficiary or beneficiaries inherit first. If they are dead or they die with you, your assets go to any secondary beneficiaries you have named.
You will need to name names. And you will need to determine what percentage of your assets go to each beneficiary.
Beneficiaries can include those who leap to mind -- spouses, children and other relatives. Or they can include friends, trusts, charities and institutions.
Beneficiary designations generally kick in immediately after death and override a will. That means your assets will not have to go through probate, a legal proceeding that can be expensive. But it also means that you need to ensure that your beneficiary designations reflect your most recent wishes because your will cannot override them.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
You do not have to agree to a 5% fee. Some attorneys, such as our firm, charge hourly for the legal work to probate. Also, if your parents were married, and if all of the property owned was community, your father receives 100% of the estate. Only separate property is divided as you set forth. Depending on the assets of your parents and how they were titled, a probate may not even be necessary. Please make sure that you have spoken with an attorney who practices in this area. When a married person dies intestate (without a will), all community property passes to the remaining spouse. At your father's death, his estate would be divided equally between you and your brother.
Your facts are very difficult to read and poorly written. I am unclear as to the family tree - as you talk about a sibling and a "3rd"... does this mean third sibling? Is this sibling in common with your father or did he have a different father?
With the facts here being difficult to interpret a visit to a local probate attorney would be a very good idea. This really does require the advise of a probate attorney since this is very nuanced stuff that you should probably learn about.
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC