Q: My husband died in Nov . There is a will. He left me our house and his son property in Kentucky. Why do I have to go pp
I don't know why I have to probate? Hubby left the house with a will
A: Probate is the process where a will is given legal recognition- the decease may have had other earlier or possibly subsequent wills. People have been know to make last minute changes to their wills. In order for the Court to know which will is the final and true desire of the deceased, the will must be submitted for probate. if no will is submitted, it is assumed the deceased died WITHOUT any will, and different laws of inheritance may apply.
Anthony M. Avery agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (865) 637-3035
- View Profile
- Answered
A: If there is only yourself and the Son as Heirs-At-Law, and you can agree to do what the Decedent wanted, then you do not need to Probate. Hire a competent attorney to search the titles, draft an Affidavit of Heirship, and execute two quit-Claim Deeds between the two of you. If there is debt against the real properties, then the grantees will take subject to the Note and Deed of Trust. From the facts you presented, this is a simple matter, and about $1,000 worth of attorney work and filing fees.
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.
