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Roger, Attorney
Category: Estate Law
Satisfied Customers: 31600
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My name is ***** ***** I need some advice. I was the wife of

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My name is ***** ***** I need some advice. I was the wife of Chuck who is deceased now since March 2, 2015, for 40 yrs. He found out yrs. ago he had cancer and was not to live very long at that time. he decided he did not want me to give up my career to take care of him so he chose not to tell me of his cancer, just left instead. he cleaned out the bank of all savings and checking and disappeared . About 2 yrs. later he showed up at my home and ask me to please take care of him till he died so I chose to do this because I did love him very much and I felt it my duty. he had divorced me. I quit my job and went to va. packed up his house and moved him to Ms. to die where he called home. In the meantime he made a new will, and told me that I was to be aware that his children would be angry about this when they found out. These were the children he had before we wed. I had always had problems with them and when he called me he told me they had already tried to put him in a home and one daughter in law had put her name on his accounts in Va. When we got settled in Ms. he moved all his money and direct deposits to a bank here. he rented an Apt. in his name as my being his full time care giver. We did not live as husband and wife as he was too ill for that and was almost totally blind by this time. I know this seems long but it all needs to be known. When he made out his new will he made me executor and beneficiary of everything he had. He had already given me his car and I sold that to pay his bills and mine. he put in the will that his children, and he named them all would not get anything. One son started to give me trouble the same day he died. The money in the bank was all he had left, a bit over $12, 000. he thought he had made me pod on this account but he had instead made it on the savings which he had moved to the checking so I could pay bills. Now the account is frozen and I have no money, I was living on $800 a month when this happened and his intentions was to make sure I would be ok till I could move and get back on my feet for taking care of me. The bank says I must open an estate even though it is less than $50, 000. and I cannot do this because it takes $1500. just to retain an atty. and one atty. told me the money would go to the son, as next of kin no matter what I do. Even though the will says I get everything. What am I to do? this was to be mine only because I did quit my job to take care of him. I am so confused. Thank you *****
Submitted: 2 years ago.
Category: Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm an Estate Law attorney in Mississippi. I'll be glad to assist.
I'm afraid that the options you've been given are correct. A small estate affidavit is available IF there is no will and the person's assets are less than $50,000. However, if he has a will then you would have to go through the traditional probate process and have the terms of the will followed.
You could ignore the will and do the small estate probate, BUT if you are divorced, you would not stand to inherit anything......because you're not his surviving spouse or heir. Thus, it would be vitally important for you to probate the estate as that's the only way you would inherit.
So, you would have to open the estate for probate in order to get these assets.......that's really your only option. Even though it will cost you some money, you still stand to recover a decent amount...
Expert:  Roger replied 2 years ago.
Hi - there's no need to re-post your question for a follow-up to the above conversation. Just post it below and we can continue. Thanks.