Coeur D'alene, ID asked in Real Estate Law, Estate Planning and Probate for Idaho

Q: Which document is necessary to deed a property from father to son and his wife before father's death?

I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?

Also, my last name has changed (I recently married) and my ex-husband's will states: "my spouse's name" with my old last name. Will there be a problem executing his will?

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and games that used to (and still do) take place when someone dies. Lawyers who understand the UPC, can file a notice in the newspaper telling "ALL THE WORLD," that if your ex husband owed them money, they need to file a "claim" within in 120 days (WITH YOU), or their claim will be forever extinguished. This helps YOU by being able to clear up all debts (if any) your ex husband had when he died, so that his children (for instance) don't need to worry needlessly.

Thank you for wanting to help and for being concerned. You just need to get the documents and information you have now, to a lawyer who knows what they're doing, and let them file the papers. Once the papers are filed, you'll be very happy to know that everything will be done according to his wishes. Good Luck to you!

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