Hello Everyone. Thank you so much for joining us today on “This needs to be said”, our friend, attorney Peter Daigle is here today to talk with us about probate and we’re going to get started with what is probate, right Peter
Oh, yes, I’m here. Yes. Good afternoon, Katherine. How are you
I did that. I did it sooner than I normally do. I went from a 30 day go to Peter right away. The audience should know by now we’re body. So yes, we’re going to get started with what is probate. So get us all into your world
And what can,
What can we, what do we need to know about this Get us set up and by the way, two parts. So get your pen and paper out and if we don’t get all your, clarification’s out today, we will do it in part two. All right.
Okay, great. So what is probate Basically, as we know, everybody dies at some point, right There’s no way around it. And the question is what happens to your assets Okay. And your wishes. And so if you, you know, if you plan ahead, you’ve got a will. Okay. And a lot of people keep saying, well, one of these days I’ll do the well and you know, I never do it. And then they get really sick and pass away and everybody’s scrambling around at the last second saying where’s the will. when there isn’t. So there isn’t one. Okay. So basically probates a drop, divided into two types of cases, one with a will and one without a will. So if there’s a will, it has to be done properly. Meaning two witnesses, notarized, whatever the state requirement is gotta be done properly. So assuming it’s done properly, then what probate is, is to divide up the estate, according to the wishes of the, of the deceased.
Okay. So fairly simple, you follow along the menu. I give this to that, this person, that’s what this person all along the line. yeah. And it’s fairly easy to administer now, if there is no. Well then it’s, it’s what you’ve, you may have heard the term, someone died in testate, but what that means, what means in test state is they died without a, without a will. And at that point, it depends upon the state and how, how it, works with a Massachusetts. The spouse gets half plus 150,000. Okay. So this can cause troubles. If it’s a second marriage, and you know, they’re were estranged and whatever. So essentially, this, the spouse has, has a lot of rights, at least in Massachusetts anyway, to, to recover from the estate. So, and when the state gets women, when the spouse gets half, the children of the deceased would get the other half.
Okay. So that’s how that, how would work now you know, obviously it comes into problems where, you know, children were born on a wedlock or, or, strange children or children that have passed away or, or whatever. And so, you know, you would have to, an attorney would try to, unpack all those issues of, but basically there, laws are on the books that decide how it works. So it’s not something that is, is discretionary. Okay. At the point where there’s no, will you follow along with what the law said How it works. Okay. okay. Well, thank you.
I want to ask a question real quick, right In this area, because in my head, I already know the answer. Cause we, we watched, you know, the celebrities die without having a wheel. So it’s not, it’s not a poor person’s thing. So if somebody is thinking I don’t have enough money and I shouldn’t do a wheel or, or, or, you know, I won’t cause my problem, my family to go into, any concern about probate. Cause I don’t have anything. Right. So just because you think you don’t have anything, listen to Peter, but also I wanted to ask you specifically, why is it that celebrities or rich people that we’ve read about in the news that without having this taken care of So even if you’re not going to get to it now I do definitely want to hear it before we hang up.
That’s a great question. Huh I just think, I think people think they’re never going to die. Right. I mean, they just think, you know, right. Which is ridiculous. Cause we all go. But I think at some point, you know, they say, well, I’m going to get to it tomorrow. And you know, I haven’t decided yet I have to change my mind. And so what happens, it gets done, you know, and then it gets done. so I guess that’s a question for a psychologist, right
Not even, cause it’s not about money and it’s not about excess, you know, you can, if I, I think I need an attorney. Okay. I have money to get an attorney. I think like it’s not even that. So that is, that is something peculiar. Right That is
All right. so yeah, that is interesting. So I guess I would say, that, you know, I mean, you gotta think ahead, obviously I know I’m preaching to the choir here, but it’s the same thing going to the gym or go into, you know, going to eat, eating healthy. I mean, right. You got to settle your carrier fairs, but you know, people don’t. so anyway, when he dies and test date, there’s gotta be one person that’s gonna step up and say, Hey, listen, I’m going to be the administrator, used to be called some States, they call it executor executors in other States that’s personal representative or administrator. And so somebody needs to step up and administrative statements, usually a person that would take anyway, whether it be a spouse or if they’re, you know, healthy or whether or not it be a child or somebody, and that person then is appointed to settle the estate and they report to the court, you know, to make sure that everything is filed properly and the new accounts divvy it up and then they would pay the bills of the person that passed away and pay the credit card bills and pay, you know, real estate, real estate taxes on the house.
And then whatever’s left over. They divided up under the laws either under the will again or under the laws of the, of whatever statement they’re in. Okay. and they’re entitled to a fee, a fee for that also. Okay. Okay. So that’s sort of the, the overview of it. and you know, we can have more further talks on specifics, but let’s, maybe we’ll just keep to a general sense today, but so again, any, what questions do you have about a probate and how it works and what do you do And is there anything you want to ask about
Let’s do I do, what’s the word that you were saying I, it sounded like you said a test
Intestacy’s okay. And so intestacy’s means that it’s, it’s I N T E N T E N T Y. Test to see that is, means you die without a will intestate and it’s illegal. And, we don’t need to know, I guess for today, it’s not on the quiz.
Okay. I don’t want to get that wrong. So Don, without a wheel and having a little, so I think, how will, it may seem like a silly question to you, but I want to ask for the sake of myself and the audience, please, what are the pros and cons other than this is going to be handled by the state laws, which sounds organized as best as it can be. If you didn’t make a choice or you decided to take it into your own hands and you set up a will and you have this ready when you pass away, what do you think that people, how important is this Because if this, you know, kind of going to be taken care of by, you know, whatever state I’m in, whether it’s, you know, perfect or not, do I really have to care about it
So we were really mad. We’re really, comes into play as second marriages and, and, blended families. Okay. Where there’s, you know, there’s a, there’s a, a wife is an ex-wife does children’s reform. Ours is children’s in this marriage and it really gets confusing. Okay. And what happens is, is that especially if the second marriage is not working out and, you know, and there were strange and all of a sudden then, you know, maybe the person passed away. One of the, the children to get the estate versus the, you know, the, the, the, the strange spouse, you know, so there’s all these family issues that can come up as a result of it, you know and it just it’s really causes, it really causes trouble if you don’t have it figured out. And sometimes it’s a moving, it’s something that’s constantly changing too. You know now if you do get divorced, along the line, then even though there may have been provisions in your will for your wife, once you divorced it, it terminates the, the inheritance. So you don’t have to worry about changing your will. If you get divorced, it doesn’t as a matter of law. But if you’re a strange from your spouse, that’s the problem. That’s usually where it gets to be trouble, you know
Yeah. Because I can definitely see that. And it, it, I think that in any area of our life, it’s better to be as organized as, as possible. And this is what I mean, because in my world, I say, live the life that you want to live, which takes some effort. You have to carve it out. You got to clear some stuff away, and that could be a mindset or, or not knowing. So definitely want to, open people’s mind in this conversation because yes, we get married. We’re in relationships. We have children and we just go on about ourselves. And, and when we think one day we’ll get to it and one day may not happen. Or you may think, Oh, I don’t have anything anybody wants, but you have never been the dead person. And people fighting over a pair of shoes, you know
So we don’t know what’s going to happen. What I like to tell people. And especially, cause I didn’t even know we were going, I didn’t know what you were going to say before. You said it, but it lets me, it brings up a thought for me to share with the audience, send your loved ones, a message that you loved them so much, that you didn’t want them to have to worry and grieve at the same time. So help help organize it. Talk with your family about it, include them in this conversation. It doesn’t have to be secret. And everyone’s surprised when you pass away, they have an expectation. And so I think that that investment in your family tells them so much that you loved them. So I want to add that. That’s so well said. Thank you. Thank you really. So what’s your, what’s your sharing with us
I’ve written myself some notes per your state laws, wherever you live. See what it says about probate. Now it doesn’t sound like it’s a terrible thing, but at least, you know what to expect because if you know what your state is going to do, if you don’t do nothing, that’s a plan B. That’s how your family, I didn’t get around to it. So pay attention to these laws by the state or something, but don’t take my word for it. I’m not the attorney. I want to inspire you and encourage you to create your best life. But if you want to talk about legal matters, attorney Daigle is exactly who you need to contact. And he’s going to give all that information before we go. But I want to say, thank you Peter, because I’m like, man, this is stuff you just don’t even think about is you just don’t think about it. But then facing death is another reason I don’t want to think about I’m going to die one day. So we have to come to grips with that one day we will just be prepared, be prepared. And that’s my, that’s my little pit, my little piece of advice.
It’s wonderful. You see, we do good work here. I give you the law,
Do common sense approach. And I tell you what the law is. But at the end of the day, we, we make people, you know, think right. Our job is to, is to inspire a thought and an action, right And so if we plant the seed, you know, possibly somebody is listening and say, geez, you know, I got to get going on that, you know and, and that’s good work know absolutely well as we always do, when we wrap up, let the people know outside of this needs to be said how to get in touch with you and how to ask their own question, because this has to raise some questions. It has to be, I’m sure it does. Well, thank you. Well, calcium, they can reach me as always at my office at (508) 771-7444 a or they can reach me online at Daigle law, office.com, D A I G L E law office.com. They can Google me and they can contact them to the website. Fantastic. And make sure you pick up a copy of Peter’s free book off his site, put information in there, get connected with him. I enjoy my conversations every month, when we have the chance to do them. So thank you again, Peter, for taking the time out, stopping by this needs to be said and getting our work, our worlds, you know, expand it so we can do better. Have a super day. Yes. Have a super day. Okay. Bye-bye.