If a woman lost her husband of 9 months and he died intestate, does she need to file probate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a woman lost her husband of 9 months and he died intestate, does she need to file probate?

He is record owner of land from a deed dated 13 months ago which is secured by a note to prior owners for $28,000. Decedent has no children or parents only surviving siblings. Does the surviving spouse automatically inherit his real property and personal assets and his debt? Does she need to petition the court regarding the real property? The surviving spouse is not listed on his bank account. Does she need to file probate to access money?

Asked on February 8, 2012 under Estate Planning, West Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss. If he died with out a Will then he died "intestate" and the intestacy laws in the state will apply. Because the property was not jointly held giving you immediate access and rights under the law, you will need to be appointed as th personal representative of his estate in order to take care of any of the legalities here.  Now, the intestacy laws in your state will apply.   In New York where I am you would inherit all because there are no children and regardless of the parents or siblings.  Get help here. This can get overwhelming. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption