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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53951
Experience:  29 years of experience practicing law, including tax and estate planning.
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My wife passed away.The deed prperty is in both of our

Customer Question

My wife passed away.The deed for our prperty is in both of our names. Do I need to goto probate court to prove that there is no lien against her?
My lawer. SAYS that I nêed to do this.
Thanks for your help.
Mike
Submitted: 9 months ago.
Category: Estate Law
Expert:  Richard replied 9 months ago.

Good morning Mike. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? Are both your names on the deed with no specific designation? Or, are the words "tenants in the entirety" or" joint tenants with right of survivorship" on the deed as well? Thank you!

Customer: replied 9 months ago.
Joint tenants with right of survivorship
Expert:  Richard replied 9 months ago.

Thank you so much for your quick reply. That's great! No, you don't need to go through probate with regard to this type of ownership.

Certain assets pass outside probate and thus are not governed by the will and thus do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. To clean up the title in the records, you need only file an Affidavit of Death of Joint Tenant in the real property records of the city/county in which the property is located. There is no need to go through probate with regard to this asset.

Finally, let me tell you how sorry I am for the loss of your wife. I know this must be a difficult time for you and I will certainly keep you in my prayers!

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). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 9 months ago.
Can you e-mail me this as well?
Expert:  Richard replied 9 months ago.

If you can provide me your email address, I'll be happy to do so. Also, you can block, copy and paste the entire thread into a Word document if you wish.

Customer: replied 9 months ago.
Email *****@******.***
Expert:  Richard replied 9 months ago.

Thanks! Email on the way! Richard :)

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