Friday, June 17, 2011

Is Probate Required?

A woman I met recently asked me if you really needed to probate your husband’s will. A friend had told her it wasn’t ever necessary, that it was just a trick by lawyers to make money. I have heard this many times before and the best answer is “it depends.” (Sounds just like a lawyer doesn’t it?)

The type of property you own, your family makeup, and where the deceased wants the property to go are all issues that effect the decision to probate a will. There is no easy, one size fits all answer to that question. In Texas, if there is no will, the deceased property may go to his children instead of his wife, if he has children outside the marriage. That could leave you owning you home with your step-children! Each case is different, you need to consult a qualified probate attorney to determine if your spouses will needs probating.

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