When my husband dies everything is left to me. Will the will have to be probated?
Maybe dumb question. But my husband has less than six months to live as he has end stage renal failure. We have a will, power of attorney, Four documents in all.
POA ends at death. Then the Executor of the Will takes over. Gather up all the financial documents, titles, deed, account statements and sit down with the Executor to plan in advance. Don't guess. Don't assume. Spend an hour with an attorney, it will be money well spent.
If all assets are in joint names [house, car, stocks, bank account, anything that needs a title], chances are you would not need Probate.
If the assets are listed in your husband's name only and in the Will it says you will received everything, you probably would need to have it Probated.
It all depends on State laws. Like I live in a State where there is no inheritance tax. But there are other States that will tack on a tax depending on the amount in assets.
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If the assets are listed in your husband's name only and in the Will it says you will received everything, you probably would need to have it Probated.
It all depends on State laws. Like I live in a State where there is no inheritance tax. But there are other States that will tack on a tax depending on the amount in assets.
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