What to do about property that was only in my late husband’s name?

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What to do about property that was only in my late husband’s name?

My husband recently and suddenly passed away. As always no one expects this as we are still young. We did not have a Will. Our home is still bank owned and both our names are on it. Unfortunately, we were left property in another state but for some reason the way the deed was written it only states my husband’s name and married but not my name. Do I have to go to probate for this and if so which state do I have to file in as our primary residence?

Asked on November 12, 2012 under Estate Planning, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written, you need to file an intestacy petition in the county and state where you and your deceased spouse resided since there was no Will or trust in effect. I suggest that you consult with a Wills and trust attorney to assist you in the endeavor where the properties that you have written about will be transferred into your name per a court order.


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