Q: My dad died last year and I didnt know i know had too probate his will now my mom died what sould i do now?

A: I should say first I am sorry for your losses. My deepest sympathies.

I would start by contacting an experienced probate attorney in the state mom and dad lived in. For example, I do probate work throughout California and have conducted over 1,000 probate cases. An attorney like myself can review your situation and see if going to probate court is required or not. Some cases don't require doing anything in Court.

A: You may need to file probate proceedings for both your mom and dad. That will depend upon a number of factors. First, one has to look at the assets involved including real estate and the titles on the deeds. Second, one has to look at the size of the assets in each estate as there is a small estate exemption which could apply if the total estate is less than $150,000. You need to consult with a lawyer to look at all of the factors involved to determine what steps to take.

A lot of folks are unaware of the laws that govern and control property and money ownership. The laws are very precise and must be followed. It is not unusual for people to finally learn about these things when a parent or spouse passes away and they are faced with dividing up assets and accounts. Our private property system and all of the banks and title companies depend upon consistent compliance with the laws pertaining to transfers of interests of deceased persons.