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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38183
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My husband died recently and since the house we lived in and

Customer Question

My husband died recently and since the house we lived in and car is in my name he only has clothes, some books, CD,s, stereo equipment, and exercise equipment. He also left some unsecured debt in his name only. Is the personal items enough to be considered an estate? One that needs to be probate?
JA: I think they do a wonderful job. All Experts must pass our rigorous 8 Step Expert Quality Process. This ensures that you get the most knowledgeable, trustworthy help anywhere on the Internet. You can learn more about it here: http://ww2.justanswer.com/expert-quality-process Estate laws vary by state. What state are you in?
Customer: Oklahoma
JA: What documents or supporting evidence do you have?
Customer: The titles to house car are in my name, house is filed in court house. Utilities in my name. I have my own checking account and have made the payments from my account since we moved in.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have sent notice to all unsecured creditors that in Oklahoma the credit cards generated by my late husband were in his name only and used by him only and that i am not liable. Sent each one certified letter.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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If he has no personal property that has titles, like vehicles, boats, motorcycles, mobile homes,....and he has no bank accounts or financial accounts in his name, then there really is no reason to file a probate case as his minimal personal property can just be distributed or retained by you without any need for probate.

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As for the debt, you can send the creditors a copy of the death certificate, state that his estate was insolvent, and that no probate case will be filed. In most cases that will be enough to convince them to just write off the debt as a loss on their taxes.

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thanks

Barrister

Expert:  Barrister replied 5 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister