probating will

[Carole Harris]

my father-in-law recently died. he has a will that left everything to his wife. what i want to know is does the will have to be probated if everything they owned was in both their names and she was the beneficiary of all of his ira's, cd's and etc. the bank has already taken care of all their accounts. thank you. i live in jefferson county ky. carole harris

 

[ALawyer]

If everything was held as joint tenants with right of survivorship, or with a beneficiary designation, and no one is objecting, there may not be a need to go thru probate. BUT if there was anything outside the joint ownership, then there is a need to have it probated, or use the state's simple probate form, such as by affidavit.....

Also, if there are any creditors, sometimes their claims get barred if they do not file claims in the probate proceeding, and othersise they take years to get time barred.

 

[advisor10]

2-25-2002

DEAR CAROLE:

What is the estimated total value of this estate?

Send me an e-mail message to the address shown below and I can give you a confidential tip about your case that might help.

You must contact a local probate attorney to find out the minimum filing requirements for your area (a quick phone call should get the answer you need). It is better to go ahead and have the will probated so that there can be an official record that the wife has undisputed legal ownership of all assets (monies and real estate), and get the title legally changed to her name. It is also the best way for any creditors to have an opportunity to know where they must submit any outstanding bills for payment.

SINCERELY,

advisor (e-mail: [email protected])