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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9414
Experience:  since 1983
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I am a 70 year old widow. In 1991 my husband and I got

Customer Question

I am a 70 year old widow. In 1991 my husband and I got married. In 1992 we had our wills made with both of us being the others beneficiary. My husband passed away with cancer on April 3, 2009. When I spoke with the attorney who set up the will if I had do anything right after my husbands death he told me that I didn't have to do anything that everything was OK. I have lived in our family home from 1990 until present and I am planning to continue living here. Everything was transferred over to my name with the exception of the real estate taxes. When I contacted my tax collector, she informed me that the taxes only came in my husbands name because my name in not on the deed.
When I went to talk with the attorney, he stated that I needed the original will stating that I was the beneficiary. The attorney did have a copy of the will in his safe, but he didn't know how to handle it without the original will. My husband and I were married eighteen years and when the wills were done we assumed that he changed everything so that it would belong to each of us because that is what we had requested. We also have a copy of the deed showing that the house is under his name and that there are no leans against it.
I am so confused as to what to do at this point. And I am really in need of someone to explain to me what my next step is. It has been over six years since my husband passed away and I have been searching for the original wills, but I have been able to find them. Any help would be greatly appreciated.
Elizabeth Eberhart
August 31, 2015
Submitted: 2 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.

I am sorry to hear this.

May I ask if there are any children or grandchildren of the marriage?