Crescent City, CA asked in Probate for California

Q: i was married 4 days when my husband died of his first dose of chemo. no i responsible for no probate filed?

we had a daughter in 1981. I didnt speak or see him for 32 years,until going to my one and only high school reunion. I moved in with him sept 2012. i waited 6 months to become a resident so i could file for divorce from my then husband of 23 years.. I started my divorce and it was final in sept 2013. my sweetheart was diagnosed with cancer in august 2013. we married oct 13 2013 and he died 4 days later during his first dose of chemo therapy. He owed more on his house then what it was valued at plus he had 40,000 in credit card debt. the probate attorney said it would cost up to 25,000 and take up to 5 years to go through probate.he had no will. He told me i wasnt responsible for any of his debt and if i did go through probate the house would be worth nothing, he owned nothing that was valued over 1500.00. his 2 children from his 1st wife and our daughter would be awarded a third of a third(me 2/3) of anything left after probate and that would be nothing. He said i was not responsible

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1 Lawyer Answer
Barry L. Adams
Barry L. Adams
  • Probate Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: You aren't required to file a Petition for Probate of your husband. I think the attorney's advice was correct.

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