What to do if my husband’s father passed away with no found Will?

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What to do if my husband’s father passed away with no found Will?

The only family is my husband and his twin brother who is disabled. My husband has power of attorney for his brother. We want to transfer to my husband’s name, but don’t know the right steps to take. We live in another state and aren’t able to travel there for court and paperwork. The property is under $50,000.

Asked on September 24, 2013 under Estate Planning, Washington

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  It sounds as if the estate of your Father in law qualifies for a small estate proceeding known as a Small estate Affidavit. I am assuming here that when you say "property" though it is not real property.  Real property can almost never ever be transferred with out a probate proceeding, here an Administration because there is not Will.  Now, you indicated that your brother in law is disabled but that does not mean that he is not entitled to inherit and the property belongs to both of them equally under the law.  So any property has to be in both names.  Unfortunately your are going to have to travel to the state in which your father in law resided at the time of his death to do all of this, and I would speak with an attorney there as well.  Good luck.


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