Catching up on my mail

ESTATE PLANNING: Column by Christopher Yugo

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Time to catch up on some of the questions that readers have sent me.

Q: Is it true that you can transfer up to $25,000 without probate? Does that amount include jointly held accounts?

A: What you are referring to is an affidavit for the transfer of property or as it is more commonly known, a small estate affidavit. Essentially a small estate affidavit allows for the transfer of up to $50,000 of probate assets without formal probate. The transferable amount was raised from$25,000 to $50,000 last year.

The $50,000 value is for probate assets. Non-probate assets are not included when calculating the value. Therefore, non-probate assets such as jointly held accounts and accounts with payable on death provisions are not included in the $50,000 limit.

Q: How do I file a claim in someone's estate?

A: Claims are filed in the clerk's office. The clerk has a simple form that can be filled out and filed.

Having said how easy it is to file a claim, there are some deadlines that you should be aware of. Claims must be filed within three months after publication of notice. There is an exception for "reasonably ascertainable creditors" that aren't given formal notice which extends the deadline by as much as two months. However, in either case, any claim that is not filed within nine months of the date of death is barred.

It becomes a little more complicated if no estate is opened. If an estate isn't opened within nine months of the date of death doesn't mean the nine month bar on claims won't apply. If it is getting near the nine month deadline and no estate has been opened, see your attorney. You may be able to open a creditor's estate to protect your claim.

Q: My dad died last year and we didn't have to open an estate for him. How do we sell the car if it is in his name and an estate has not been opened?

A: Use the small estate's affidavit that I mentioned earlier in the column. The Bureau of Motor Vehicles has its own preprinted form. You can get the form from the local BMV office or from the Internet.

In addition, you will need to transfer title to the car. Filing out a certificate of title for a car isn't as easy as it sounds. You want to make sure you do it correctly, so don't guess if you get stuck. Call the BMV for assistance.

Finally, once you have completed and signed the affidavit and certificate of title, give it to the buyer with a certified death certificate and he should be able to re-title the car.

Thanks for the questions and happy birthday to my wife, Trish. Ha ha, you're forty.

Christopher Yugo's Estate Planning column appears every Sunday in The Times. Address questions to Yugo in care of The Times, 601 W. 45th St., Munster, IN 46321. Yugo's information is meant to be general in nature. Specific legal, tax, or insurance questions should be referred to your attorney, accountant or estate-planning specialist.

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