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Q: easier, cheaper, faster to probate an estate in New York State or California? ( No Answer,   1 Comment )
Question  
Subject: easier, cheaper, faster to probate an estate in New York State or California?
Category: Business and Money > Finance
Asked by: acensor-ga
List Price: $30.00
Posted: 21 Jan 2005 16:16 PST
Expires: 20 Feb 2005 16:16 PST
Question ID: 461254
I may be the beneficiary of a relative's will at some point.

Right now he has the option of changing his legal address from New
York State to California (he's still living).

I understand that each state has certain limits on what the lawyer's
fees are to probate an estate (3% I think in New York).
I understand that probates are very slow in many states.

Therefor I want to know ---
A) If changing his legal address from New York to California would
mean his estate would be probated in California when he dies,

And, if so --
B) if California has a lower limit/cap on lawyer's fees for probate,
and whether it on average takes longer in California or in New York.

Request for Question Clarification by hedgie-ga on 22 Jan 2005 00:46 PST
acensor-ga 
Are you familiar with concept of 'living trust' ?
That is an effective and legal  way of avoid high cost and other
problems of probate, which makes question of residence irrelevant.

Would you (instead of your original question) like to get info on the
Living Trusts?

Hedgie

Clarification of Question by acensor-ga on 23 Jan 2005 07:15 PST
I'm very familiar with the advantages of a trust, however, this
relative is from the old school and doesn't understand, and is
unlikely to agree to create a trust. So suggesting a trust is not
addressing my question, although it is normally a reasonable response.
Answer  
There is no answer at this time.

Comments  
Subject: Re: easier, cheaper, faster to probate an estate in New York State or California?
From: drdantheman-ga on 22 Jan 2005 21:03 PST
 
I agree.  After the lawyers and judges get their hands on the estate,
not to mention the Infernal Rapist Service, you might end up OWING
money.

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