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Father passed away with no will

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DCResider

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

My Fed-Government Retired father passed away last Tuesday and unfortunately left no will. The house is paid for (worth $500K) and both my parent's name are on the the deed. The two cars are paid for but I believe one car has my father's name listed as sole owner. My father was receiving social security benefits, and pension, and mom just retired at the end of October but has not collected social security. Credit cards have been paid for and/or closed. Checking accounts are joint. He has retirement benefits he hasn't used (TSP). Dad was on medicare plus secondary health insurance before passing on, so not sure if there are medical bills yet.

Funeral has been paid for, but not sure what to do next.

Must we go through probate? I hear it's expensive and don't think mom has enough money to expenses yet. Also, how long is the process of probate?

Are estate taxes, death taxes, and income taxes due now?
 


FlyingRon

Senior Member
The house and the joint accounts need not go through probate. All she needs to do is send copies of the death certificate to the bank and the court house to get the deceased's name removed. Any retirement accounts or insurance that were in his name that list her as a beneficiary she gets the proceeds out of.

For what remains (the cars presumably), the rules of intestate succession apply. Unless there are kids from a previous marriage, she'll get it all anyhow. Full blown probate isn't necessarily required in Virginia, but she should get the assistance of a lawyer. Frankly, for a small fee they can take care of all this stuff I mentioned before, doing what is required to administer the remains of the estate, and I'd recommend that they set up a will, advance medical directives, and potentially general and medical POA's for the wife. Makes things easier in the long run.
 

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