Q: My father is very ill, my mother is still living and estate goes to her and in both names. Does she need to probate?
He has a will just wasn't sure if we will need to open probate if everything goes to my mom and is in both of their names
A:
If father dies and everything is in joint names then it all goes to the joint owner.
If there is something in his name alone, it goes to the wife and children.
But there are spousal awards involved.
If there is something in his name alone, he needs to do a will. Not having a will makes it more complicated.
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