Full Time RV'ers Probate Question

[simsfmly]

My wife is currently in hospice care.

We're South Dakota residents, she will most likely pass away in Texas, and we have a will (done in 1989) from Ohio.

Here name is on a property deed of her grandparents property in Ohio, but other wise, most everything (bank accounts, etc.) is in a joint account.

My question is, where do we file the will in probate court? Ohio (since that's where it was drawn up)? South Dakota (since that's our domicile residency)? Texas (since that's where her death certificates will be from)?

Need direction on where to begin looking for a probate lawyer. Thanks in advance.

 

[adjusterjack]

Probate might not be necessary depending on how her name appears on the Ohio deed. Get a copy of the deed before you answer this question. How, exactly, are the owners named and designated on the deed? Accuracy is important.

 

[simsfmly]

The will has her full middle name, the General Warranty Deed lists her with a middle initial. "Being an undivided One-Half (1/2) Interest in and to the following real estate" and goes on to list the description of the property. The other half is her uncle's daughter who did the exact same thing.

 

[adjusterjack]

I can think of two possibilities.

Probating her will in South Dakota which is your domicile residency and then an ancillary probate in Ohio where the property is located.

Or, just probating the property in Ohio assuming all of your other assets are owned jointly with right of survivorship.

I suggest contacting a probate attorney in the city where the property is located since that's going to be the primary issue. Provide all the details and review your options.