Quote:
Originally Posted by hannah
If she has a mortgage, was he on the mortgage or the deed to the property if it was paid off? If so, he left an estate. If he had anything including furniture or other personal property, it too is considered part of an estate if worth over a certain amount. If the state is a community property state, half of communal property can be considered his estate. She needs an attorney.
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No as I wrote no mortgage and there never was one and she has owned the home for plus 20 years,in her name only, same with car,charge cards,utilities etc.
The home was always in her name,and this was done as the husband had filed bankruptcy a few decades ago,so she had to get her financial things in order to protect her assets which she did.
The husband died indigent, and according to my lawyer who we three just talked to, she does not even have to pay for burial expenses if she does not want to.(She is though) I do think she should have a lawyer even to file such an easy probate (I think)here, but I also do not think she needs to give a lawyer five thousand up front and who knows how much more. IMO the lawyer saw a soft touch, and now my friend has told the lawyer that she is going to seek another counsel.
My friend is now going with my lawyer who handles trusts and financial accounts,and I think this is a much better choice than the lawyer she went to.
So I will let you guys know what happens with any of the debts and also probate,although I do not think much is going to be a problem IME here.
ILMD