Author Topic: Probate advice for small estates  (Read 815 times)

scantee

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Probate advice for small estates
« on: July 07, 2021, 08:53:21 AM »
At the beginning of this year my father passed away. I am the executor of his estate. He lived exclusively off of social security and had close to nothing saved other than some small amounts in checking and saving accounts. Fortunately, he also had few debts.

I was able to gain access to his accounts using a transfer by affidavit process and have paid off all of his bills using those monies. There is a few hundred dollars left now that all is settled.

Just recently, however, I’ve received a few checks totaling ~$2400 that are made out either to him or his estate. I’m having a hard time figuring out what to do with these. The bank that issued them was where he banked, and where I bank, but they will not cash them with the affidavit. They’ve said I need an estate account which is a type of account they don’t offer.

So I go to a bank that does offer estate accounts and they have said that they will not accept the affidavit to open an estate account, they need letters testamentary to open such account. Everything I’ve read however suggests this isn’t true and only applies to estates of more than $50k.

He died in WI if that matters and I’m located in another state. I don’t want to downplay the significance of this amount of money, certainly I would like to be able to cash these checks if possible. Yet I’ve also already spent a ton of time on this and I recognize that I’m reaching the point of getting little return for my efforts. If we were talking about even a slightly larger amount of money I would consult an attorney.

Anyone who has gone through something similar or any lawyers here? Any advice on the course of action I should take is appreciated.

anotherAlias

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Re: Probate advice for small estates
« Reply #1 on: July 09, 2021, 05:30:03 AM »
I'm sorry for your loss.  My father died in January without a will so I can understand how frustrating the process is.  My father was an Illinois resident and we found the Illinois Legal aid website was very helpful. It was a treasure trove of free legal info. If Wisconsin has something similar, you may be able to post the question there.  The reddit sub Legal Advice may be able to point you in the right direction too.  Sorry I don't have any real answers for you.

scantee

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Re: Probate advice for small estates
« Reply #2 on: July 09, 2021, 07:19:50 AM »
I'm sorry for your loss.  My father died in January without a will so I can understand how frustrating the process is.  My father was an Illinois resident and we found the Illinois Legal aid website was very helpful. It was a treasure trove of free legal info. If Wisconsin has something similar, you may be able to post the question there.  The reddit sub Legal Advice may be able to point you in the right direction too.  Sorry I don't have any real answers for you.

Sorry for your loss as well.

And thank you for the input. I will definitely check out the WI legal aid site. Funnily enough, I already asked a question at r/legaladvice! It didn’t end up being super helpful but one commenter did say I should just keep trying banks and that one would like open an estate account for me. So that is probably the route I’ll go.

This has been an eye-opening experience for me. Usually I think of myself a pretty savvy when it come to navigating complex systems but I’m now left feeling pretty stupid at not being able to figure this out.

anotherAlias

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Re: Probate advice for small estates
« Reply #3 on: July 09, 2021, 08:51:45 AM »
I'm sorry for your loss.  My father died in January without a will so I can understand how frustrating the process is.  My father was an Illinois resident and we found the Illinois Legal aid website was very helpful. It was a treasure trove of free legal info. If Wisconsin has something similar, you may be able to post the question there.  The reddit sub Legal Advice may be able to point you in the right direction too.  Sorry I don't have any real answers for you.

Sorry for your loss as well.

And thank you for the input. I will definitely check out the WI legal aid site. Funnily enough, I already asked a question at r/legaladvice! It didn’t end up being super helpful but one commenter did say I should just keep trying banks and that one would like open an estate account for me. So that is probably the route I’ll go.

This has been an eye-opening experience for me. Usually I think of myself a pretty savvy when it come to navigating complex systems but I’m now left feeling pretty stupid at not being able to figure this out.
Oh don't feel stupid.  I consider myself to be a highly intelligent being and spent my career solving complex problems and I couldn't figure out what to do about some stuff.  We had to get a lawyer because there was some jointly owned land in question and this mess prompted my mom to get her will made.  Good luck.

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dcheesi

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Re: Probate advice for small estates
« Reply #4 on: July 09, 2021, 09:14:08 AM »
So, from what you're saying I gather that you were appointed executor in the will, but haven't "qualified" (or whatever WI calls it) as executor on the estate?

I'm going through something similar with my father's estate, and I've found that the small-estate affidavit route can be dicey, especially if the situation is even a little bit complicated. Even though everything should be resolvable that way, a lot of institutions (both public and private) aren't set up to handle it.

It might be worth looking into what it would take to get qualified as executor in WI. Likely the major hurdle will be that you're out of state; they may require a local to volunteer to receive "process" (summons, etc.) on your behalf.

IME being a qualified executor makes everything so much easier; I wish I had just gone that route with my dad to begin with. I think the lawyer I contacted was trying to save me money, but I'd rather have saved the time and hassle I've spent trying to do things without qualification.

former player

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Re: Probate advice for small estates
« Reply #5 on: July 09, 2021, 09:45:47 AM »
One work-around that occurs to me is writing to the people who wrote the cheques, enclosing copies of your father's death certificate and the affidavit, and asking them to cancel the cheques made out to your deceased father and make new cheques out to you instead.

scantee

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Re: Probate advice for small estates
« Reply #6 on: July 09, 2021, 10:08:18 AM »
So, from what you're saying I gather that you were appointed executor in the will, but haven't "qualified" (or whatever WI calls it) as executor on the estate?

I'm going through something similar with my father's estate, and I've found that the small-estate affidavit route can be dicey, especially if the situation is even a little bit complicated. Even though everything should be resolvable that way, a lot of institutions (both public and private) aren't set up to handle it.

It might be worth looking into what it would take to get qualified as executor in WI. Likely the major hurdle will be that you're out of state; they may require a local to volunteer to receive "process" (summons, etc.) on your behalf.

IME being a qualified executor makes everything so much easier; I wish I had just gone that route with my dad to begin with. I think the lawyer I contacted was trying to save me money, but I'd rather have saved the time and hassle I've spent trying to do things without qualification.

That’s right: I’m the executor but haven’t been qualified by the state. I have had success in using the affidavit process up until this point, it worked totally fine to get access to his bank account funds. It’s just these checks that have been an issue. I likely will have to have to go through the process to get qualified which, ugh, I was hoping to avoid but it may be necessary.

My one piece of advice for anyone who is an executor is to have a shared bank account! It would have made paying bills and depositing checks so much easier. I’ve certainly learned a lot through all of this although I hope to not have to use this knowledge again. My brother is the executor for my mother, thankfully.