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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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. 


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