If I have a deed of gift from my deceased wife, do I have to go through probate?

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If I have a deed of gift from my deceased wife, do I have to go through probate?

Asked on September 6, 2012 under Estate Planning, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If in fact your wife executed a Deed of Gift (Gift Deed) prior to her death and it was properly executed then the deed should be a valid transfer and the proeprty should be yours.  But is her name on the Deed as well?  From her to you and she?  And if that is the case does it state with rights of survivorship?  I would take it to some one to review just in case.  Good luck.


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