If my father died last week and my mother is the sole beneficiary of his Will, do we need to hire a lawyer for any reason?

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If my father died last week and my mother is the sole beneficiary of his Will, do we need to hire a lawyer for any reason?

Does his Will need to be “probated” for her to conduct business? Does she need to take his name off their mortgage, their accounts etc? They have simple Wills leaving everything to each other.

Asked on June 19, 2014 under Estate Planning, Texas

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  It would help to see the Will and ask some questions in person here.  But generally speaking, if all their assets were jointly held then they passed to your Mother automatically at the time of your Father's death and no formal probate is needed.  You may want to speak with an estate planner now for the future.  Good luck.


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