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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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hello, my name is XXXXX XXXXX my husband diedon the 18thof

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hello, my name is XXXXX XXXXX my husband diedon the 18thof aug 2009. we were separated at the time of his death. no divorce had been mentioned between he and i. i recieved a notice of hearing petition for letters of administration,appointmemt of representative and determination of heirship. this is in lefore county. case no.PB-2009-82. barbara sue hayes is the one petitioning, this is my husband" mother. We have a house ,which has a equity loan against it, there is a truck, which has a lien on it, and a few household items. the house and truck has both mine and my deceased names on it. could you possibly tell me, in laymen's terms,exactly what this is all about. i can't make it to the hearing on the 15th of sept, since i live in cincinnati,ohio. there was no will and the only insurance that i know of is workmen's compensation. he died on the job. i need your help. sincerely, XXXXX XXXXX
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.
<p>DearCustomer- I can only provide you with general information since I don't have all the necessary documents to review, especially the deed to the house. Also I don't know if you have any children. Assuming there are no children then you should inherit the entire estate so I'm not certain what his mother is attempting to do. Also if the deed is joint with right to survivorship then you would receive the property outside of the estate or probate.</p><p> </p><p>His mother is applying to be the administrator of the estate since there is no will. this is similar to being an executor in the case of a will. She will have to distribute the estate according to the state laws of intestate succession which give everything to the spouse if there are no children or split it between the spouse and children. The parents would inherit if there is no spouse and no children so maybe the mother thinks you are divorced.</p><p> </p><p>You should file something in the probate court where this is being filed to inform the court of the fact that you are the surviving spouse. I'm not certain what documents you have but if there is real estate involved there may be some value that you need to protect so you may want to get a consultation with a local lawyer to review these documents. If you are still married with no court actions for divorce or separation then you would be considered the surviving spouse.</p><p> </p><p>Dave Kennett</p>
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Customer: replied 7 years ago.
Thank you for the quick reply. This is just so heart wretching. I've always heard of the horror stories of family members when a loved one passes. I never thought I'd have to live in one. Again, thank you for your advice. Terri B.
Expert:  Dave Kennett replied 7 years ago.
No problem and thanks for using our service - Dave
Dave Kennett and 7 other Family Law Specialists are ready to help you