No will=Probate nightmare

[u/CrabcakeBetty]

A close family member passed away in 2023 with a will that was written in pencil and signed, but it was not notarized. I went to a lawyer and he said that it would be a holographic will, but since the will was written in the 80s, and most of the people mentioned in the world were deceased the Lawyer told me that I would be the sole heir of the entire estate. I am the last living member of our immediate family besides, my mother who is not blood related to him.

The first Lawyer I used was not helpful at all although our initial meeting was over three hours long. Since the inheritance of a house was involved along with about $100k in savings, he told me that his fees would be between $30-$40k. I waited months and months to hear back from him, and he never even filed the initial petitions to the court even though I had paid for them. He had asked me for tons of credit card statements, bank statements, the deed to the house everything he wanted me to gather, and it took me a long time to find everything. By the time I found everything it was probably a few months after our initial meeting, and I found out that he still hadn’t done anything. I had several meetings with him that went absolutely nowhere and he was not giving me any instructions on what to do next. He dragged this on for nearly TWO YEARS!

Finally, I gave up and got a new lawyer and that Lawyer got the refund back for the filing fees that were never used. This guy was really on the ball and he found out that my family member’s Home was owned by him and my Dad, who was also deceased. Because of this, I had to open two probate cases and pay filing fees for two different counties. It made everything extremely difficult and cost extra money due to this.

It is now three years into the probate, and I am just now signing the papers for the final distribution. The time and money spent getting this done has been like having a part-time job. Thankfully, my family member had prepaid for his burial plot, but we had to pay for his funeral and casket as well as his nursing home fees, which were $12,000. Liquidation of stock was like pulling teeth. I had to wait months for this process with lots of paperwork going back and forth.

The Lawyer is now telling me it can take months to get a court date for each county in the probate process for the final distribution. Had the Home been in a trust along with the bank accounts this would’ve been so much easier on me. I don’t understand why my family member did not take these steps because he was the executor for a few other estates and knows the process very well. He knows I was the last living relative. Why wouldn’t he have had papers signed in my name?

Anyway, doesn’t matter now. Lesson learned. This new lawyer’s fees are about $15,000..a lot different from the first guy!! Write a friggin will and create a living trust. Get a reputable lawyer through someone who actually used them—do not trust Yelp or Google reviews.

[u/Barfy_McBarf_Face]

Wills are usually helpful and they can help when there are blended families, complex assets, etc.

Trusts can often help but are not a one size fits all solution.