Abandoning Probate

[NYDaughter]

My mother passed away and my elderly father was executor and single beneficiary in her will. There were several modest accounts in her name only, so probate was required, otherwise everything was jointly owned. There were no debts or federal or NY estate taxes owed. All accounts are now in his name. There are no complications, we siblings just want to take care of our father and save his money for his care. Question is - what is *likely* to happen if we never follow through with the rest of the court process? What is the point for him now in paying hefty attorney and court filing fees for the inventory and accounting - since he is both beneficiary and executor and the transferring work is done? The attorney threatens the court will appoint a new executor, but I can't believe the court will even notice - witness the many postings here!

 

[army judge]

I suggest you and dad )as well as other concerned family members) visit with a local estate attorney, or an attorney familiar with wills, estates, etc...
Most general practitioners can help you.
Normally most attorneys will meet with prospective clients at no charge during a 20-30 minute initial assessment.

The easy answer is you are correct.
If your dad and mother owned everything, jointly and severally, with rights of survivor-ship; things will proceed as you suggest.
But, governments are greedy these days.
They'll steal a bone from a dog, and have no problem stealing the assets of seniors.
You're a good daughter wanting to protect and shelter dad.
So, set up an appointment, (even if it costs you $300 for an hour of a good attorney's time), to make sure dad's stuff and future remain available for his use in the golden years he has left.

 

[disagreeable]

Once probate is opened, it must be closed. If there are no issues, creating an expensive one is foolish. the judges job is to approve the accounting. He will demand that right one way or another.