Estate Law Questions? Ask an Estate Lawyer.
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Are there any other assets in his name solely other than the VA account?.
Are you saying he deeded the house over to you and wife so it passed upon his death?
Ok, if he deeded the house over to the daughters prior to his death, then that isn't in his estate and wouldn't go through probate.
Only assets that were in his sole name would have to go through probate to descend to his heirs. If he had no will, then state intestacy law controls and his children would inherit his estate equally.
If he has a total of $24,000 in his estate, then someone can file a "Small Estate Affidavit" and the court will dispense with any formal probate proceedings. This will allow the personal representative (PR) to take possession of any account proceeds and then publish a notice once a week for 2 consecutive weeks to any creditors who might have a claim.
Then there is a hearing set not less than 35 days from the first publication of notice to creditors where the PR would submit a final accounting of all expenses of the estate, the judge would approve it, and then issue an order allowing the PR to distribute the remaining assets to the heirs equally.
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Unfortunately, I am not allowed to recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:
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Just to clarify....the action is actually called "Petition to dispense with regular proceedings in estates under $150,000". That is what it is called. by the courts.
Thanks much...that sounds great..
But if the house was deeded over to daughters prior to death, it wouldn't be in his estate. That is unless you are talking about some other land that he had in his name solely when he passed... Then that changes things and unfortunately it would have to go through formal probate.
Those phone requests are automatically generated by JustAnswer for some reason. I don't know any of the attorneys here who accept them because we can't enter into anything that would have the appearance of an attorney/client relationship.
We are all just independent contractors who come and go on the site as we choose..
Will do..the world is a small place, I find..
Thanks for your service. I know from dealing with criminal law for 15 years what a tough job it is to be in law enforcement..
Thanks again, I will bookmark your site...
Have a great safe weekend!
Thanks much. Come back any time you have legal questions and I will do my best to help..