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.
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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!
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