How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54026
Experience:  29 years of experience practicing law, including tax and estate planning.
17027240
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My husband died with a will naming me,s wife of 40 years

Customer Question

My husband died with a will naming me,his wife of 40 years executor. When trying to deal with Medicare, they say I need more than a certified copy of his will. A document signed by a judge. What kind of document are they referring to ? He does not need to go thru probate as he had nothing in his name.
I would appreciate any help as Medicare will not tell me what I need. Thank you.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Since your husband had no assets in his name at death, you don't need to go through the probate process. Rather, what you will need to provide Medicare is a Small Estate Affidavit. You can find the instructions and form for the Affidavit at the following link: http://small-estate-affidavit.com/
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.
Where is that signed by a judge? I have already sent things signed by notary and they have rejected it. Also how would I get a judge to sign?
Customer: replied 1 year ago.
Can I access this form on my regular computer instead of my tablet?
Expert:  Richard replied 1 year ago.

Yes, you can download this from the link on your computer. Once you complete it, submit it to the probate court clerk and direct the clerk to get it signed by the judge.

Customer: replied 1 year ago.
How do I download the link off the tablet to computer? When I type it in , it doesn't work.never mind I got it,
Expert:  Richard replied 1 year ago.

No worries. I'm glad I could be helpful! Have a great day!

Customer: replied 1 year ago.
Unfortunately in Washington the probate clerk says that judges do not sign small estate affidavit s. So another strike out.
Expert:  Richard replied 1 year ago.
Thanks for following up. Typically, the Small Estate Affidavit is sufficient and the reason that judges don't sign them is because it's not required. What I would do is to inform Medicare that your husband died with minimal assets and thus under Washington state law, probate is not necessary and that all you are legally required to provide is the Small Estate Affidavit to handle your husband's estate issues. It's likely the person you're talking to at Medicare doesn't understand the law and you may have to inform them that the Affidavit is all that is required.

Related Estate Law Questions