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Both my husband and I have a living will notarized here in…

Hi, Both my husband and I...
Hi,
Both my husband and I have a living will notarized here in the state of Texas. IF we both died, or even if one of us dies, would the other/beneficiaries have to go through probate court?
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Answered in 5 minutes by:
3/14/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,560
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good afternoon. Can you clarify your situation for me a bit? Do you mean a "living trust?" A living will is simply a physician's directive regarding end of life decisions; it's not a will to dispose of your estate.

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Customer reply replied 1 month ago
THAT'S my hubby's name!! sweet!

That's good to know! :)

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Customer reply replied 1 month ago
sorry- we are sexy senior citizens and on a budget

No worries...I totally understand. JustAnswer generates those requests for phone calls without input from experts. We have no control over those requests; I can certainly help you without the call. :)

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Customer reply replied 1 month ago
Never met a Richard or Rick I didn't like!!

I'll do my best to keep your streak alive! :)

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Customer reply replied 1 month ago
Love a lawyer with a sense of humor!!

:) Do you think you might be referring to a living trust (rather than a living will)? And, can you tell me the approximate next worth for you and your husband?

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Customer reply replied 1 month ago
I am working on a POA for my sister for us and my business. Our net now is about $300,000. = pretty numbers to me!

If you have a living trust and transfer assets that would otherwise be probate assets prior to your death into the living trust, then you could avoid probate. Certain assets pass outside probate and thus would not be subject to probate and not be necessary to transfer them to your living trust. 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.

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Customer reply replied 1 month ago
That sounds reasonable Richard. I went ahead and got us both a Durable POA just to be safe!! I found my neighbor dead so it ignited me to get my stuff together seeing as his sisters can't find a will!! I really appreciate your help. How do I give you 800 stars??

You're very kind! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,560
Experience: Attorney with 29 years of experience.
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Richard
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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