Q: My brother's wife died and needs to go to probate to be named the executor but has an issue speaking after a stroke?
He understands and speaks slowly. He has no children. He will be coming to live with me. Will he be denied becoming the executor? Should I file for guardianship then executor? Have no clue what I should do.
My brother's wife has 2 checking accounts and a safe deposit box in only her name (less than $1.00 in the accounts). The banks won't let him close it with a death certificate. They say he needs an affidavit from the court. He also has 3 houses (1 in Georgia, 2 in California) in both their names. The Georgia house is titled with survivorship. I don't know about the California houses. The deeds are in the SDB.
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A: It does not appear there is any need for Probate. It appears he as an owner has the authority to act in regards to the three houses and the safe deposit box. If less than a buck in the accounts, forget about them. He may need to talk to a competent attorney to plan his Estate.
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