Last week we briefly pondered what could happen if we found unclaimed family cemetery plots. In addition to final resting places, other properties might fall into our hands by mistake (surprise!) or through calculated intent. If you read the last article, you understand that federal and state agencies stake claims on our inheritances. However, one state may currently use totally different and constantly fluid approaches to replace the monetary loss created by federal back-off on inheritance taxes than another state. Additionally, each state binds us to separate sets of inheritance laws, but these laws may change according to financial or other needs.

In Texas, for instance, there is no requirement for the "reading of a will," and the person holding the will is not required to notify you of your entitled rights (if any). You can, however, hire an attorney to make a demand to view the will, or to generate a court order to force the will-holder's hand. In California, half of the "community property" belongs to the surviving spouse. The deceased spouse can leave the other half to anyone, including the neighbor's dog. In Rhode Island, you don't need to deal with either state or Federal estate tax unless the deceased person's assets are more than $650,000 (1999 figure). This figure will rise annually to $1,000,000 by 2006.

How do I know this information? I just plug a state name and the keywords "inheritance problems" into my search engine. Almost every site I found through this search suggests that we hire attorneys to fix our inheritance problems. Trust me, this is probably good advice. In spite of bad attorney jokes and movie scripts that rip attorneys to shreds, most attorneys (at least the ones I've met) want to help people. Additionally, if you help your attorney in return, the costs to defend your case may decline. While your attorney needs to make a living, I found that many attorneys also appreciate a fairly well-informed and polite client who arrives at the attorney's office with proper papers in hand.

First, find an attorney well-versed in inheritance and tax laws in the state where your inheritance originates. If you live in Texas and you inherit property in Virginia, you may need two attorneys - one in each state - to help you sort through the inheritance laws in both states. In this case, find the attorney in Virginia first, and follow his or her advice on a second attorney. Secondly, don't call your attorney every five minutes. Time on the phone is as expensive as personal face-to-face time. Thirdly, when you talk with your attorney, be well prepared.

The last suggestion - preparation - concerns a process on how to obtain those important papers for your case. Almost every web site I visited recommended that we search for and hold onto copies of these papers, which include deeds, wills, etc. Some of you may already poke around your state, county, and town or city archives for various reasons. Many of you may not realize that these little rooms hold a wealth of information, let alone know that they exist. You don't need an attorney to help you find most of the documents you need, so this is one area where you might save a bundle of money in any case you bring to court (or settle out of court).

The archives we'll look at today are those housed at county court houses, where we find recent and historic documents. If you've never visited a court house and its archives, here are a few suggestions to make your visit more productive:

1. Do not bring children. Period. Pay for a babysitter, but I'll warn you that you might become addicted to documents and their contents. You may find yourself browsing through some really juicy stuff for hours, so this situation might call for a loving relative to take the kids for the afternoon.
   
   
2. Remember that county clerks are real people, and they're mostly underpaid. I've found that most county clerks are very proud of their archives and they often become very friendly when you (sincerely) "ooh" and "aah" over their collections. I believe the reason for this pride comes from the value contained in these records. Archives, truly, are under-funded museums.
   
   
3. That said, please treat the papers, books, and copy machines with care. Many county court houses don't carry budgets to replace expensive machinery and, unless their records were reproduced on microfilm, each original is just that - one of a kind. No food or drink allowed, and ask a clerk for help if needed.
   
   
4. On the other hand, you might experience a county court that won't allow entrance to their archives, even to attorneys. The county clerk, in this case, will obtain the original document and make either plain or certified copies for you. The differences between plain and certified copies are cost (sometimes the difference between twenty-five cents and twenty-five dollars or more), and what your attorney needs for court. Certified copies of deeds, wills, etc. are usually best for court, but don't pay for certification immediately. Get plain copies first and pay for the certified version based on your attorney's advice.
   
   
5. More recent documents, including those filed yesterday, will probably need your county clerk's attention. He or she can help you find fresh probates, deeds, and other papers, because these items are usually filed on shelves only when time or space allows.

What happens if you can't visit the county court house, either because time constraints or distance prohibits your physical presence? While you may not pay a nickel for your family's history, you may need to use a family historian's techniques to help you overcome time and distance obstacles. We'll look at a few of those tips next week.

Until then,
Linda Goin