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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband

Customer Question

My husband died July 3. We have a will in which he named me as his executor and all money, house, and land to me. Is probate necessary?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.I am very sorry to hear about your loss. Can you please tell me:1) Is there any real estate property in his name, only?2) Any real estate properties in both names? If so, as JOINT TENANTS or TENANTS IN COMMON, or not sure?3) Did he have any debts?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
There isn't anything as far as I know that is just in his name. Everything is in his and my names. We have no debts.
Customer: replied 1 year ago.
Something is wrong with my sound system.
Customer: replied 1 year ago.
In our wills, we leave everything to the other one.
Expert:  Ely replied 1 year ago.
Thank you. When you say "Everything is in his and my names," do you mean JOINT TENANTS or TENANTS IN COMMON? Those are two ways to own property together. Or, not sure?
Customer: replied 1 year ago.
Our lawyer is now a judge and cannot practice law.
Expert:  Ely replied 1 year ago.
When you say "Everything is in his and my names," do you mean JOINT TENANTS or TENANTS IN COMMON? Those are two ways to own property together. Or, not sure?
Customer: replied 1 year ago.
No. I'll find out another way.
Expert:  Ely replied 1 year ago.
You mean you want to cancel the question?
Customer: replied 1 year ago.
Yes, and I feel taken advantage of. My question is simple.
Expert:  Ely replied 1 year ago.
Hello, I am sorry you feel taken advantage of. With all due respect, while your question is simple, the answer is not, and it hinges on nuanced details such how you and your husband held the property together ("joint tenants" or "tenants in common"), as well as the other details which I has asked. You provided me the information I needed but decided not to tell me whether you were joint tenants or tenants in common for some reason, or at least tell me that you did not know. Without this last bit of information, I cannot answer your question. No one would be able to do so.I am going to let customer service know of your request. Good luck and again, I am sorry to hear about your loss.
Customer: replied 1 year ago.
I do not know the terms joint tenants and tenants in common. We were married over 62 years and shared everything.
Customer: replied 1 year ago.
A friend told me I, most likely, would not need to probate.
Expert:  Ely replied 1 year ago.
Hello,
Apologies for the wait.
Once you told me what you "would find another way" and confirmed that you wanted a refund, I sent your request to customer service to process.
Did you still want an answer (I can explain what all those terms mean, and what one's options are), or, did you wish to cancel the question and get a refund?
Thank you in advance for clarifying.
Customer: replied 1 year ago.
Thank you. I'll find out from a local lawyer.

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