Wills/Estate/Property

[soulslayer]

What is the name of your state? Virginia

My father just passed away last week. He was just remarried in October of 2004, but we don't think he updated his will to leave his house/vehicles, etc to his new wife. He had them all changed over to me in his will after my mother died in 1999.

We know that he wanted his insurance money to go to me, as he told us that before, but how hard will it be to have the house and cars and whatever else transferred to his widow if he really never changed his will? what's involved with that? Should I even bring it up before the will is read, or should I wait to contact a lawyer before speaking to anyone about it?

Thanks

 

[BelizeBreeze]

The will controls. If, after probate has been settled, the holder of any property wants to transfer ownership to the wife, that's outside the scope of probate and can be accomplished by deed or title transfer.

Insurance benefits do not pass through probate.

 

[seniorjudge]

Is this will being probated?

How many heirs are there?

Do all the heirs want to have new wife get everything?

You do not have to take something from a probate estate if you do not want it.

 

[soulslayer]

I'm not certain if it's being probated yet.

I'm the only heir.

I want her to have everything, I don't want/need it. The fact that my dad left me the insurance money is more than enough. I can use that for my kids education since it should be a significant sum.

So then I can take everything, and just sign over to her what I don't want...house or anything, and it's that easy?

Thanks, by the way, for the quick responses.

 

[seniorjudge]

"...I'm not certain if it's being probated yet...."
If you are the only heir, then why do you not know this? Besides, I thought you said he was married. That would leave TWO heirs, right?

"...I want her to have everything, I don't want/need it...."
This is very nice of you and you do not have to do it; thus she should pay for a lawyer to make sure it is done right.

I do not know if you will have to have it probated or not since I do not know what kind of property, bills, etc. you are dealing with. And I also do not know what the statutory share of a wife is in your state.

Good luck...but get it done correctly.

 

[soulslayer]

I got a little more information tonight on this topic. Yes, the will needs to be probated, and I am listed as the executrix. My mother was listed as the executrix, but she passed away in 1999, and I'm named as secondary. I assume this means that everything will have to go through me.

My father also resided in North Carolina, and I live in Virginia, which makes it even more difficult.

I will be contacting a probate lawyer tomorrow to see what I need to do and what my legal rights are, but for now, is there any advice you can give me? I've been told I can nominate someone as my "agent" since I live in another state, but I'd rather handle my fathers estate myself. I want to make sure everything is done correctly.

Thanks again

 

[seniorjudge]

Good for you for getting an attorney.

Do what he tells you.

 

[soulslayer]

Thanks for the advice senior. Althought I spend quite a while each day laughing at your responses to others, I appreciate your straight-forwardness with me.

I must not have set off your sarcasm switch.