Q: : Does a spouses WILL automatically transfer deed to surviving spouses name if she is not on deed jointly? probate..
I married him 2 years ago. He already owned the home free and clear but has not put me on deed via quit claim. There are no children to dispute. No prenups in place. If I had to file with the probate courts to transfer deed to my name, is there a cost to me? You mentioned spouses get automatic 1/3 to 1/2 of estate. Does that mean if I am not on the deed, and go through probate that I am not entitled to all of the estate ever?
A:
There are filing fees associated with all court filings. The total filing fees are normally well below $500.
The automatic 1/3 or 1/2 relates to the estate (which will include the home).
If you are not on the deed at death, but a will grants you the home you will get the home (but the probate court must approve of the transfer).
You have a lot of legitimate questions and there are multiple possibilities based on your desires and the circumstances of your situation. I recommend that you contact a probate attorney; a free consultation will resolve simple questions and 1 hour will answer every question you can imagine. There are also books about probate at your local library. Finally, your local courthouse will offer free probate classes at least once a month.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
