Q: My father was in a nursing care facility when he died. He had no assets and left no debts. Is probate needed?
He was in the nursing facility for several years. His wife died 5 years ago. Anything he owned was disposed of when he went to the nursing facility. All his income went to pay for his care. Funeral expenses are paid. My sister and I are his heirs. He left no debts.
A:
I am sorry to hear of your situation.
If there are NO debts and NO assets, why would you need probate? No, it is not needed because there is nothing to probate. Don't be too quick to assume this though, as it makes sense to do a search for 'abandoned' property either through his state's escheated funds office and/or search for 'paid up' insurance that nobody thought about.
OFTEN there is more than you didn't know about!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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