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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Estate Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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My husband has had a stroke..he does not have a

Customer Question

My husband has had a stroke..he does not have a will..together we jointly own (no Mortgage), a home and 2 joint bank accounts..If and when he dies, will there be a probate on these three properties
Submitted: 1 year ago.
Category: Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: 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.

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.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Customer: replied 1 year ago.
If property is jointly owned with the right to survivorship why does probate occur
Customer: replied 1 year ago.
if my husband dies will I be kicked out of my house
Expert:  MIAMILAW1127 replied 1 year ago.

You will not be kicked out of the house, however you will need to open probate to transfer the properties to your name.

Customer: replied 1 year ago.
is it possible to put the house in my name now
Customer: replied 1 year ago.
My son has power of Attorney on my husband. Can he sign over the house to me?
Expert:  MIAMILAW1127 replied 1 year ago.

It is possible.

If he has a general power of attorney over your husband, then yes.

Customer: replied 1 year ago.
ok. Thank you very much for answering my question
Expert:  MIAMILAW1127 replied 1 year ago.

No problem. Please do not forget to rate my response at your earliest convenience.

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