Last year my father died. He had a simple do it yourself will, notorized. He left all assests jointly to me and my brother. He also named me executor. Do we have to go to court to valadate this?
*This chat is not intended as legal or tax advice. It is general information that may or may not apply to your situation and should not be relied upon*Welcome,My condolences. It is my goal to deliver information in five-star manner. I am a licensed attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.It does not appear that probate or court action is required.Let me explain.Simply put, probate is the legal process of wrapping up a person's affairs, such as marshaling the assets, paying bills and distributing assets.A probate is required if there are any assets in the decedent's estate that do not pass by operation of law. Items that are held jointly with right of survivorship, transfer on death properties and life insurance to a beneficiary pass by operation of law to the survivor and therefore are not considered assets subject to probate.I think this is what you wanted to know. Please let me know if I have answered your questionThank you in advance for remembering to rate my service. If you experience difficulty using the rating buttons, please let me know as JustAnswer pays me for my time only if a positive rating registers.
25 years of experience helping people like you.
His property was not listed with us as joint owners. He simply stated in his will that all his assests are to be divided 50/50.
Thank you for your clarification. I had interpreted your statement that "He left all assests jointly to me and my brother." to mean that you owned the property jointly. However if the assets in question were in your father's name alone, it is necessary to open a probate proceeding in the county of your father's residence
How time consuming and what is the cost of probate? He left 1 home. His bank accounts he had me as joint owner.
Thanks. Now i am very clear on the property issue! Until we actually do the transfer...how do we pay the property taxes? In his name? Thats what we have been doing.
Does the law require us to file probate within a certain time frame?
No time frame is required to file the probateCan you please tell me whether you are able to see the rating buttons on your side
I have hit thw rating buttons several times....it only acknowledged going thru once. I gave u positive ratings on all replies!
Debbie – Thank you so much for letting me knowIf I can be of assistance in the future, begin your question with: "For FiveStarLaw"
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).