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The Water Cooler
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Ask the Lawyer: Probate Q&A
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<blockquote data-quote="dennishoddy" data-source="post: 3664821" data-attributes="member: 5412"><p>Unfortunately the OP in this thread is deceased. He was a great resource. </p><p>If one's family is convoluted and at odds with each other, your advice may be good. </p><p>Write a check for your last dollar the day before you die. </p><p>But, in my case and I'm sure many others, the family is content to put up with what has been passed on to them by their parents.</p><p>My sister and I had a seamless transfer after Mom died. As co-executors she could never handle money or finances and gave me the responsibility.</p><p>If anything needed rounded up, I made sure she got the upper hand on it. She needed the money more than we did.</p><p>Where it gets tricky is when there has been a divorce with both parties getting remarried and children involved. </p><p>There can be some major issues about property, and assets acquired during the past marriages that can cause issues because the kids on each side want what assets were gained during previous marriages. Right of survivorship covers most of this. </p><p>We have pretty much taken care of all of this with trusts for properties, along with specified items acquired in previous marriages to be dispersed after death.</p><p>Probate can be avoided in Oklahoma for homes and automobiles by filing a form at the Country Clerks office. </p><p>Don't remember the form number/name as it's been a few years, but we have filled one out for our end of life document.</p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3664821, member: 5412"] Unfortunately the OP in this thread is deceased. He was a great resource. If one's family is convoluted and at odds with each other, your advice may be good. Write a check for your last dollar the day before you die. But, in my case and I'm sure many others, the family is content to put up with what has been passed on to them by their parents. My sister and I had a seamless transfer after Mom died. As co-executors she could never handle money or finances and gave me the responsibility. If anything needed rounded up, I made sure she got the upper hand on it. She needed the money more than we did. Where it gets tricky is when there has been a divorce with both parties getting remarried and children involved. There can be some major issues about property, and assets acquired during the past marriages that can cause issues because the kids on each side want what assets were gained during previous marriages. Right of survivorship covers most of this. We have pretty much taken care of all of this with trusts for properties, along with specified items acquired in previous marriages to be dispersed after death. Probate can be avoided in Oklahoma for homes and automobiles by filing a form at the Country Clerks office. Don't remember the form number/name as it's been a few years, but we have filled one out for our end of life document. [/QUOTE]
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