Estate Law Questions? Ask an Estate Lawyer.
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If there is no will, probate must be opened. Even with a will, if the will is contested, there must be probate. The only way to avoid probate is by putting property in an irrevocable trust.
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You will not be kicked out of the house, however you will need to open probate to transfer the properties to your name.
It is possible.
If he has a general power of attorney over your husband, then yes.
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