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Do we need to go through probate?

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DCResider

Junior Member
What is the name of your state (only U.S. law)? Virginia

My father passed away last week and did not leave a will. He was a retired federal government worker for the past 27 years. House and one has been paid for with mom as joint owner. Dad's car in his name only. He was also receiving medicare, social security benefits and his pension. I don't think he's touched his retirement plan - Thrift Savings Plan - and I'm sure my mother is the beneficiary on all banking accounts, etc. He didn't have major investments.

Would we still need to go through probate through the courts or can we get a probate attorney to help us out without having to go through the state?
 


DNAguy

Junior Member
The first issue is to determine how many of the accounts had your mother as joint owner. Since your mother is listed on the deeds to the property as an owner, the house and other jointly owned assets will pass directly to her by action of law without having to go through probate. Named beneficiaries for the various retirement funds or other insurance are also not necessary to probate. But you should check with a qualified probate attorney practicing in your state.

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I am not an attorney and I don't play one on TV.
 

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