Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My mother in law passed away on Saturday. She lived alone and had no assets. She and my father in law had a will where they left their home to the grandchildren. (my MIL sold the house shortly after FIL's passing). The funeral home advised us that we should hire an attorney to handle probating the will at the clerk's office. We are trying to save costs and would like to handle it ourselves. I was wondering if anyone has done this before? Would we have to notify the grandchildren in writing that they were the beneficiaries of the house?
In Texas, anyone who is mentioned in a will is supposed to get a probated copy of the will. That's all I know. It's recommended that the copy of the will be sent via USPS with tracking, like they have to sign for it.
Correct. No assets other than clothes and some furniture.
thanks for your response. It can get very confusing
Just my opinion...take it FWIW. Before doing anything, I'd first check the probate law in PA. Most if not all states have guidance about what to do with very small estates and whether there are any formal actions or notifications to be made to anyone. Laws vary by state. Get the facts first.
If I was in this situation and knew there were grandchildren who were mentioned in the will, I'd at least send them copies of it and proof that the house had been sold before she died. They may or may not know anything about it.
As for any personal property, I'd ask whether there was anything that might have sentimental value before disposing of it. You never know. There might be something someone would like to have. The "tangible personal property" she had is an estate asset, modest though it is. It shows you are trying to honor her wishes and keep everyone informed. It is respectful and helps bring closure to everyone.
Last edited by Parnassia; 08-11-2021 at 02:33 PM..
My mother in law passed away on Saturday. She lived alone and had no assets. She and my father in law had a will where they left their home to the grandchildren. (my MIL sold the house shortly after FIL's passing). The funeral home advised us that we should hire an attorney to handle probating the will at the clerk's office. We are trying to save costs and would like to handle it ourselves. I was wondering if anyone has done this before? Would we have to notify the grandchildren in writing that they were the beneficiaries of the house?
Not sure why it would matter since she already sold the house.
We did not probate our parents will. Everything was in our names already and there was absolutely no need to probate. Saved us a lot of time and expense.
As my parent passed in PA, I was executor. No probate necessary.
The contents of her financial assets were outside the estate confines. Her IRA had already named the beneficiaries. Her bank account had less then 7 k. So probate did not require processing.
Because she shared the home all belongings were distributed to family if they so wished. Family heirlooms , etc. None of high value .
Pa is pretty obscure in estates . Go to the local courthouse of the county she resides at time of demise and they can give you the provision of what qualifies to commence probate. I sense your mil falls under that level .
You have to read the will and inventory the assets. If there is no will, the assets are distributed per stirpes to the offspring and their children depending on state law. Document what the estate contains which will determine how to proceed. Identify the debts and the creditors so they can be contacted.
As for any personal property, I'd ask whether there was anything that might have sentimental value before disposing of it. You never know. There might be something someone would like to have. The "tangible personal property" she had is an estate asset, modest though it is. It shows you are trying to honor her wishes and keep everyone informed. It is respectful and helps bring closure to everyone.
Great points.
And, for you and others facing this situation, just because it isn't gold jewelry, an oil painting or Persian rug
and not valuable to you it may be invaluable to someone. It may seem like "junk" to you, but a specific coffee cup, or knick-knack, or popcorn may have special memories for the children or grandchildren.
One of my first memories, as a preschooler, was the family get-together to divide up things after my grandmother died (grandpa was already gone). The eldest brother (probably about 65 at that time) took the top drawer of grandma's dresser and just dumped it in the garbage, without even looking at it. I remember him saying "No one wants that old junk!". Even at five years old I was horrified that he just tossed away all those old family photographs, grandma's costume jewelry and sentimental things that she had saved in her dresser.
I am sorry for your loss.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
