If my husband died recently without a Will, o I have to hire an attorney even if our children are not contesting the fact that I am being left everything?
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If my husband died recently without a Will, o I have to hire an attorney even if our children are not contesting the fact that I am being left everything?
Plus, he has a worker’s comp case and social security back pay case that has already been settled. Do I need an estate lawyer?
Asked on August 13, 2012 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. All assets you and your husband held jointly - bank account, the house - passed to you automatically at his death. But the proceeds of the comp case and SS back pay case will be paid to "his estate" which means that you are going to have to open an estate proceeding to receive the funds. Those funds will pass according to the intestacy laws in your state with the children getting a portion. Now, they can waive their right to inherit and have it all go to you. But you will need help I think to do all this. A lawyer may be a good idea, although it is not at all required to open the estate proceeding. Good luck.
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