topic Re: Estate Attorney in Among Friends

Estate Attorney

BunSnoop — Mon, 21 Apr 2025 17:20:18 GMT

My husband passed away a few days ago. We did not have a will. In the near future, after I receive copies of his death certificate and after I'm feeling up to it, I plan to contact an estate attorney to get a will made for myself. I also need help from the attorney with what I need to do with the passing of my husband regarding bank accounts, Roth account, automobile titles in my husband's name only, house deed, credit cards in his name only, etc.

When I call for the appointment I'll ask what they need for me to bring, but at this time I'm curious - did you have to bring all of the paperwork to the initial visit?

My will I "think" will be considered simple. As for my husband, I "think" besides having everything with his name transferred to mine I don't think it will be too involved. If you had a similar experience, approximately what was the cost.

I'm totally overwhelmed with everything but it appears on advise that I've received the first thing I should do is resolve financial issues.

If you can help me it would be very much appreciated. Thank you!

Re: Estate Attorney

Carmie — Mon, 21 Apr 2025 17:28:10 GMT

@BunSnoop I have not lost my husband and never had to go through with this and can't offer you any advice, but I want to offer my condolances to you.

I am sorry for your loss.

Re: Estate Attorney

geezerette — Mon, 21 Apr 2025 17:40:40 GMT

I only took one document with me the first time I met with the attorney because I needed a legal opinion about that. That meeting was just basically explaining what had happened and what I needed done and getting my questions answered. Much of what I needed to do I didn't need the attorney for. Things like joint accounts just needed a death certificate and they were put into my name only immediately. His IRA was the same.

I did need the attorney for a few things, but his paralegal handled all that and I dealt with her. A few things that were in his name only that were titled. Since their value was low I didn't need to go through probate for any of that. Most of our holdings were joint.

As far as setting up your own will, etc., my suggestion is that unless you're absolutely sure about how you want everything to pass when you do, please wait a while to do that. I made all that out immediately and now need to change it as circumstances changed shortly after I made out my will.

I would suggest however, that you designate a health advocate to speak for you and make sure that person aligns with your wishes should you not be able to speak for yourself. Decide on end of life wants and also power of attorney.

ETA: I honestly can't remember what it cost since it was a few years ago, but somewhere between about $600-1,000. It would have been more expensive had I wanted a trust for myself. I may do that in the future though.

Re: Estate Attorney

just bee — Mon, 21 Apr 2025 17:39:10 GMT

@BunSnoop

I'm so sorry to hear this. Please accept my condolences.

Re: Estate Attorney

millieshops — Mon, 21 Apr 2025 17:42:29 GMT

@BunSnoop I am so sorry that you have to live with grief and most likely a feeling of facing overwhelming tasks in the days ahead.

My advice - ask people you know personally to recommend some local elder attorneys. You need to feel okay to discuss details with one - nothing I'd like to see you expose online, not here or anywhere else although eventually all will be online.

Re: Estate Attorney

Love my grandkids — Mon, 21 Apr 2025 18:00:27 GMT

@BunSnoop My sincere condolences to you. My DH died in 2009 and I well remember what I went through.

You don't need a real estate attorney to draw up a will. We had ours done by an attorney I had worked for some years previously.

Take time for yourself. I was pretty much in shock for a week after my husband died. And when people offer to help, let them. I reached out to a neighbor for something (he was a younger single man we knew well) and he hugged me and said 'why didn't you ask me before this?"

I wish you peace.

Re: Estate Attorney

Somertime — Mon, 21 Apr 2025 18:03:42 GMT

The rules for each state is different. First thing you will need are death certificates which you get from the Funeral Director. One for each bank if he has more than one, one for life insurance policy if he has one and one for the property and one for the attorney,

The attorney has to go to court, state there is no will and ask the court for you to be appointed as personal representative or executrix and for you to receive letters of testamentary.

Once you receive those, you can go to the bank with them and the death certificate, close out the accounts and have them opened in your name. You do the same for the change of name on the property............just go down to the property clerks office with the death certificate and the letters of testamentary.

Re: Estate Attorney

Thats Me — Mon, 21 Apr 2025 18:07:57 GMT

@BunSnoop @I'm so sorry for your loss! Take the best care of yourself that you can

offhand, without a will your state might have laws governing the estate. Those might or might not be ok with you. The lawyer would be able to advise during your consultation.

some things to think about from my own estate planning experience:

have multiple copies of the death certificate. Some accounts will require them.

you'll need a personal representative to execute the will (could be a trusted family member or friend, or lawyer)

someone with durable power of attorney. Have full contact info.

someone with statutory power of attorney. Have full contact info.

backups for the above roles are helpful.

also, having an advanced medical directive is a good idea.

beneficiaries. Have their ssn and full contact info

Good luck with all of this. I'm sorry you're having to go through it. But afterwards you'll be able to breathe much more easily. Big hug to you.

Re: Estate Attorney

NEvans2 — Mon, 21 Apr 2025 18:42:23 GMT

@BunSnoop I'm so sorry for your loss. I don't have any suggestions for your legal dilemma, but please take care of yourself.🙏❤

Re: Estate Attorney

haddon9 — Mon, 21 Apr 2025 18:42:52 GMT

I don't have an answer for you but I am so sorry for your loss. You have my heartfelt condolences.

Re: Estate Attorney

patbz — Mon, 21 Apr 2025 18:44:53 GMT

We've had wills, trust, powers of attorney etc since I was 59 (I'm now 81). Life goes on, things change; therefore I've changed my estate plan twice, most recently 6 months ago. Amendments to my trust weren't expensive, last one was $600. Do you own a home or have children? These things make changes inevitable. There are a lot of books about these things; maybe read A Dummies book before you have your appointment with your lawyer. I bought my 36 yr Son a will and trust kit because he doesn't own a home ( he'll inherit ours) but does have two children ( and never married their mother).

Re: Estate Attorney

Alsace Gal — Mon, 21 Apr 2025 18:45:13 GMT

@BunSnoop

I'm so very sorry for the loss of your husband.

I lost mine in 2008.

First, take a deep breath, nothing needs to be done the first few days.

Order death certificates, I ordered 10.

The Ira's and Roth account. I assume you're the beneficiary.

You will call them and explain what has happened. They will ask for a death certificate, Your I.D. Maybe a martiage license. Someone will correct me if I'm wrong.

I sent everything by mail. When I called and notified them of my husband's death, the call was short and from then on everything was done by mail, everything.

Your husbands cars-take a death certificate to the DMV, as you are his wife it will be transferred to your name. See your insurance agent before the DMV.

Go to your bank and ask what they need. First take enough funds out to cover immediate expenses. If I remember correctly, within a week or so, your bank will be notified of his passing.
Do you own property jointly? If so, you don't need to do anything.ONLY if you want to sell, and claim the capital gains deduction for both of you.I believe it's the year he passed. I'm in California.

First step- Take care of his IRA's and Roth accounts.

Second- bank accounts.

It's been so many years since I went through this I hope I've been of some help.

Be prepared for kids, family and friends offering advice and looking after their own self interest.

Remember, decisions you make today will decide your financial future.

Re: Estate Attorney

Kachina624 — Mon, 21 Apr 2025 18:47:17 GMT

@BunSnoop wrote:
My husband passed away a few days ago. We did not have a will. In the near future, after I receive copies of his death certificate and after I'm feeling up to it, I plan to contact an estate attorney to get a will made for myself. I also need help from the attorney with what I need to do with the passing of my husband regarding bank accounts, Roth account, automobile titles in my husband's name only, house deed, credit cards in his name only, etc.

When I call for the appointment I'll ask what they need for me to bring, but at this time I'm curious - did you have to bring all of the paperwork to the initial visit?

My will I "think" will be considered simple. As for my husband, I "think" besides having everything with his name transferred to mine I don't think it will be too involved. If you had a similar experience, approximately what was the cost.

I'm totally overwhelmed with everything but it appears on advise that I've received the first thing I should do is resolve financial issues.

If you can help me it would be very much appreciated. Thank you!

@BunSnoop. Ask @Sooner . She's had a lot of experience with settling estates.

Re: Estate Attorney

Mom2Dogs — Mon, 21 Apr 2025 19:34:19 GMT

@BunSnoop No advice, we have our wills-- your attorney will help you with everything you need to do...I just wanted to offer my sympathies to you.

Take care.

Re: Estate Attorney

cindyNC — Mon, 21 Apr 2025 19:34:57 GMT

@BunSnoop So very sorry for your loss.

Re: Estate Attorney

catter70 — Mon, 21 Apr 2025 20:08:17 GMT

My sincere condolences to you.

Re: Estate Attorney

D Kay — Mon, 21 Apr 2025 20:09:56 GMT

It might be helpful to look online for the estate laws in your particular state.

Re: Estate Attorney

Snowpuppy — Mon, 21 Apr 2025 20:27:26 GMT

Nobody suggested copies of your marriage certificate. Were either of you married previously? Divorce papers are handy, too.

You can tell people you are the Mrs but you need to prove it in writing.

If you have a mortgage on your home, don't be shocked if your lender requires you to refi. Deed is one thing, mortgage in his name or both names can be an issue.

Re: Estate Attorney

PhilaLady1 — Mon, 21 Apr 2025 20:27:37 GMT

@BunSnoop

Sorry to jam up this thread with an unhelpful post because I don't have any answers for you. I just want to say that I am so sorry for your loss. My husband passed about 3 months ago and I know your pain. I am in awe and admire you so much for having the strength to even type out your post. I am still working on my coherence. I lost my mind a little bit when it happened. Not really but you know what I mean. I will include you in my next prayer.

Re: Estate Attorney

SactoSue — Mon, 21 Apr 2025 20:44:22 GMT

Yes, I would order a dozen certified copies of the death certificate. Some banks and accounts will need the certified copy.

I am so sorry for your loss. I think an estate attorney is not a bad idea, to help you get the documents organized you may need for probate.

First of all, you do need to get access to any conjoint bank account you had to have access to funds to keep you going.