My dad recently passed under hospice. If you dont know the tumultuous background of it with siblings and other relatives.. please refer to my previous post.
Anyway.. my Mom and Dad both have dementia and are both in memory care.. I am the sole sibling caring for them (have 3 siblings and are all on some level MIA through the last 7 years or so).
My dad does have a willl (although currently I only have a copy which I thought was an original because it was stored in his lockbox).. his will leaves everything to Mom.. as expected. (the original may still be in the lockbox in Oklahoma.. I will check this week)
All his assets that I know of so far are co owned by mom. I live in Texas and Dad has a house in Oklahoma.. the deed on the house has both mom and Dad's name.
My Dad's will is from many years ago... back in the 80's. He named my Mom's sister as executor.. which was a good choice back then..not so good now as she is somewhat bumbling.
The night my Dad died my sister began harassing me about his will... so I handed it over to them. My mom's sister got a relative who has a law firm to probate my dad's will. She is already asking for money.... 5,000 ... and that is just the retainer. This attorney has no probate experience.. and is more of a litigator. (this aunt was also in contact with my sisters while they were here.. refer to my previous post)
My attorney that I have consulted prior about my parents specializes in elder law and estate planning and is very sought after in those areas. I consulted her yesterday about what this attorney that my aunt found was asking for... she informed me that the detailed documentation about his accounts, his taxes.. and other things was inappropriate for just probating a willl... she said the attorney is either very inexperienced and doesn't know what she is doing... or she is going after ME in some way.
My attorney also said.. based on what I told her about my Dad's assets that it is possible that since he had alll assets with mom's name and with beneficiaries.. that no probating will be necessary.
She said you MIGHT have to probate the house in Oklahoma.. but that should be with an Oklahoma attorney. I did research this and found info that if the house is in both their names.. it may not require probate.. just a title change.
The only asset of his that is still in question is he has some bonds in Oklahoma that are either in his or mom's name.. but it is highly possible that he has mom as a beneficiary on those as well.. I will be going to OK this week to check.
Sorry this is so complicated... my aunt is over there playing executor .. my sisters have more then likely been spreading false stories about me to my mom's sisters.. and I am sure they believe them.. and I am afraid this attorney may not just be probating his will... if that is even needed.
Anyone have experience with one spouse passing and having assets in both of their names? Was probate necessary?