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Handling the estate of a family member can be tough work
| Sunday, Sep 14 2008 12:00 PM
Last Updated: Monday, Sep 15 2008 7:24 AM
If Roger Soto knew two years ago what he knows now about probate, he would have walked away and saved himself a lot of money.
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Probate is the legal process of handling the estate of someone who has died
Basic rules for probate
• Not required, but good idea to check with a lawyer
• Gather all the bills, but don’t pay any until probate settlement
• Notify known creditors and beneficiaries; place ads to alert other possible creditors and beneficiaries
• Keep beneficiaries informed of what’s happening
• File proper forms and meet deadlines
• Give left over money and property to beneficiaries as directed by judge
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Roger Soto might not have handled his son's estate if he had known how much it would end up costing him.
But Soto, 54, didn’t have the luxury of experience when he suddenly found himself dealing with his son’s death — and the estate he left behind.
His 34-year-old son, Santana Soto, was killed in a single-car crash in 2006.
The grieving father, like many others who suffer a death in their family, was left with the practical responsibility of dividing his son’s estate.
As with anything legal, there were a bunch of forms, rules and deadlines.
Probate also involves dealing with relatives or beneficiaries who have a stake in the outcome.
People handling the estate “have a high duty for good faith and fair dealing to act in the beneficiaries best interest,” said probate attorney Phillip Darling of Tehachapi.
It can go smooth as silk, as was the case of Jennifer Keneman of Bakersfield who helped divide her mother’s estate between herself and her brother, Eric Keneman of Santa Clarita.
“We got along real well,” she said of herself and her brother. “There were no issues.”
Soto said he had a more difficult time with his ex-wife, Norma Soto, and some of her relatives who were suspicious of his decisions.
In the end, Soto shelled out $145,000 of his own money — giving $45,000 in an approved settlement with his ex-wife — and hoping to recoup some money if he can sell his son’s house some years down the road.
Norma Soto agreed there were suspicions, but now that it’s all done, “I hold no grudges.”
She said it was a stressful time.
“I lost my son. That’s all I could think about.”
Roger Soto said the only reason he even had money to settle the estate was because he had sold his home last October.
His son had no life insurance for burial, a healthy stack of bills, a house with little equity and a value less than the mortgage. He also had business — Santana’s Barber Shop — on South Chester Avenue.
Santana Soto had no wife and no children. His mother lived with him.
Roger Soto paid for the funeral and burial. He then paid the bills.
He sought advice from attorney Larry Fields who helped with the details. Hiring an attorney is not required, but the probate process can be very complex.
For instance, both Fields and Darling pointed out that the person handling the estate can be held liable for paying unnecessary bills. If creditors don’t properly apply, their bills don’t have to be paid, the attorneys said.
Anne Keneman said early in the process, she realized creditors “try to get to you before probate starts.” She paid a couple before her lawyer turned off the money spigot.
The person handling the estate has to let creditors — mortgage holders, car loan lenders, etc. — and beneficiaries know about the estate and give them a chance to make claims. That means publishing legal ads and other steps, the attorneys said.
Keneman said the process is slow and “there’s tons of stuff you have to turn in.” She said she’s glad she hired a lawyer to help her get through it.
The person handling the estate is paid the same as an attorney — a small percentage of the value of the estate.
In Keneman’s case she and her attorney walked away with $8,300 for their efforts.
Soto’s advice to people expecting to have to handle an estate is, “Make sure it’s worth it. If I had known how much money I would pay from the start, I would have walked away.”