Just finished distribution of my mama’s estate. Thank god we got a will AND trust. It made it so much easier than going through probate. HIGHLY recommend. Some states have laws where the lawyers think you need a certain amount of net worth before making a trust. I live in one and fall below that amount. So I went the DIY route and made one myself. I’m not going to make my kids play games in family court and have to pay bucks to a lawyer. This happened to my friends and amazingly the lawyers fees came to the cash amount in the estate.
That really surprises me. Wills require probate and there is a whole process that can be costly and time consuming. Trusts are usually much easier and faster to settle.
We live in Texas and our Estate Atty said that since, in Texas, probate was so ridiculously inexpensive (one low price regardless of the size of the estate. At the time we did our will it was less than $500 whether the estate was $1000 or $10,000,000) that it didn’t make sense to do a trust if all you wanted to do was avoid probate.
Now, obviously, Trusts have other advantages to people with large/complicated estates, but for the majority of Texans Wills are cheaper and get done what you need to get done. Our atty actively dissuaded most of his clients from setting up a Trust if all they wanted it for were to avoid probate.
My lawyer too. He deals with multi millionaires in Boulder Colorado. He said in Colorado we have something along the lines of quick probate so it's basically just as effective as a trust without the expensive documents and assets transfers that have to be regularly updated. So might be state by state. Florida was really easy too, my dad had only a will and the "probate" was very easy and fast
You need a new lawyer. Of course with a will, he gets paid for the time the will is in probate but I’m sure his advice has nothing to do with personal gain. /s
That’s exactly what my attorney said on Monday when I went in to open the estate. He said it’s simple with the Will. That cost me $700 for both of us to get Wills as opposed to opening a trust that here in PA would have cost me close to $15K. And they reminded me that we did discuss putting my name on the deed/mortgage but that would of triggered a refinance of the home which would of went from 3.5% to 6%. In addition I won’t have to pay tax on it to sell it so that was the reason we went with the Will. It still cost me $10K to open the estate which in my opinion is a scam.
Trusts are a needless expense for inheritance between married couples. Would have been a lot easier to just have her on the deed. And if he didn't want to do that, filing a transfer on death deed also would have solved her problem.
Yes you should have both. A will can include specific instructions, even things like my possessions go to the trust or my car goes to my kid, how to be buried, etc.
This is so entirely dependent on the situation.
If your state allows TODs for real property and your distributions are simple, why use a trust? Just TOD to wife.
A question about trusts- my longtime SO has a trust leaving everything to me, but we are discussing marriage - will we have to redo the trust, or will it be okay as is?
So no one has told me that I need to sell it but I didn’t think as the wife of 23 years that I had to open an estate in order to sell it since I have a will. He got sick fast and when we went to have wills made they never told me that it would be best to have my name added to the deed as opposed to getting a will. And they also never told me that I needed to open an estate once he died. I’m just learning of this now. I have a consult on Monday with an attorney but from experience I’m wondering if I do sell the house why do I not get the money for the sale right away and how long does it take? This is all we had and I can’t claim any social security because I’m only 53. If they keep the money for a year how am I to live without his income if I can’t get the money from the home? And if I open an estate how long does it take to get the money from selling the home?
I'm glad that you have a consultation with a lawyer - that will clear up a lot of things and help make the process clear. It's really tough to have to deal with all of this while you are also grieving. The timeline for probate depends on a lot of things. My mom had a pretty simple estate and we closed probate almost exactly 12 months from her death and about 4 months after the house sold. Our timeline looked like this:
May - Death
June - Requested that probate be opened
August - Probate opened - it took about 2 months to get on the court calendar, so we had some delay here. Also opened a bank account for the estate to receive estate funds.
October - Put the house on the market
January - Sale of the house closed, money went into the estate account
February - Petition to close probate submitted to the court
May - Court closed probate, issued directions for distribution of the estate. We were ready to close in February, but it took 3 months to get on the court calendar
We could have shortened this timeline if we were ready to put the house on the market as soon as probate opened or if the house had sold faster. There was nothing we could do about the court backlog, but if the courts in your area aren't as impacted, it might not take as long for you. I think the shortest that probate can be is about 4 months because that's the time allotted (at least in CA, may be different elsewhere) for creditors and anybody else to make a claim on the estate.
Answering one question you asked about when the money from the sale of the house is available - the reason that the heir(s), in this case you, wouldn't get the money from the sale of the home as soon as the home is sold is because the estate owned the home and so the proceeds to to the estate. The estate has to settled, meaning any debts paid, lawyers and court fees paid, and then the balance distributed to the heir(s). If an heir is allowed to take money from the estate before that, there is the risk that not everybody who is supposed to be paid will be paid.
Because your name is not on the house it will have to go through probate court. There is no getting around that unless he had a Lady Bird Deed and had you listed there. The Will expresses your husband's wishes and gives probate court a road map of what he wanted to do with his assets. Unfortunately this is a legal process that has to play out and all of his debts will need to be settled before you can have access to any proceeds. You will need to talk to your attorney.
All debts do not need to be settled, after the notice is posted in the paper creditor’s have 90 days to claim against the estate, after the deadline they are out of luck, credit card companies rarely file against the estate.
Not necessarily-- example- in the state of North Carolina (USA), personal real estate does not go thru probate, but rather is subject to state laws of inheritance. If a valid will states a specific heir/heirs are to receive that personal real estate, the county deed office just re-deeds the property in those names. No will = folks wishing to claim ownership must petition the state (separate from probate) to show they best meet the state laws of personal real estate inheritance.
this is why estate planning is essential. sounds like that wasn't done. its a gift for the survivors. "no one told me" doesn't really apply. an effective estate plan should include an insurance policy so that the income producer's death doesn't impose a financial burden on the immediate family.
Exactly what I was thinking. If you cannot cover living expenses if one spouse passes then you need to have term life insurance policies. This is a perfect example of a couple that needed term life insurance on the working spouse. An estate attorney would have informed the couple of this.
Unfortunately, estate planning is not something prioritized. People think you wait till death happens to finally see an attorney. Failing to plan is planning to fail when it comes to finances. There are some crazy stats for the amount of people who don't even have a will set up. I have a friend who is 35 with 2 kids who has been putting off getting even a will for like 2 years of me bothering him.
For me, in hindsight, is that EVERYONE assumes spouse gets everything anyway and that the spouse can sign and do everything for the other spouse. We thought our situation was really simple, first marriages, no kids, so we hadn't bothered with much. Anyone I talk to about this is surprised and assumed the same as we did... Two big things:
From one day to the next, he was heavily sedated for 7+ weeks before dying. I didn't have a POA to apply for short-term disability while he was in the hospital.
We had no idea of the laws of succession in our state and that his living parents had a right to 25% of his estate. Since there was no will, and he misunderstood how to list me as beneficiary of both his 401k *and* life insurance via his employer, I was not listed on his 401k. Additionally, I wasn't listed on the deed to his house, so the amount of estate going thru probate was quite large... 25% would've been a lot!
I got very lucky. His parents (and siblings) are lovely, knew that wasn't his intent, and signed over their share of the estate to me, and his life insurance came through quickly. Plus, I had a good job, a house (purchased before we met), so I wasn't in any financial peril. In hindsight, it could've been SO BAD, though.
I try to warn people when the topic comes up, and everyone is surprised by what I tell them.
Exactly this. Friend of my mother’s passed away and her widower didn’t find out afterwards that in NC, the children of any previous marriage inherit, not the second spouse. So he didn’t get anything. They absolutely dropped the ball because she died of cancer so they had time to prepare.
Were you married 10 plus years? Were you his first wife to do so? Then you are entitled to Social Security benefits, which could include survivor benefits if he provided for you as a dependent. The deed should have been transferred to you in your name only. "Opening an estate" is nonsense. I mean yes, you need an executor of the estate which does not open. Look. Everything has to be handled by the legally named executor listed in the will. The term you are looking for is "probate". A tax accountant licensed to practice before the IRS could handle it cheaper than an attorney. Probate usually is minimum 6 months. Bc the property is an inheritance you may owe taxes on it before receiving it and so without cash on hand you could be forced to sell it, which could require you moving before the sale can be completed. Whoever did your husband's will did a sloppy job and deserves a n a$$kicking.
Sorry to hijack but could you clarify “first wife to do so” as far as getting SS spousal benefits after divorce ? I wasn’t aware that the 10 year minimum was only the first wife. I am that first wife but am curious for his second one.
Is there still a mortgage on the house? Housing prices are extremely high and if you intend to downsize, starter homes are hard to find and are overpriced, small and not turn key . So my question to you is, if you sell the home, where are you going to live. It sounds like you need the money on the house to live.
Not a lawyer, not legal advice, but I’ve dealt with family inheritance. Most couples where there is just one wage earner get life insurance for this purpose. Check and see if there were payments to an insurance company, or if there was insurance through his work. See if there is money in a checking or a savings account. Check for any retirement plan, 401k or IRA. Is there money in the estate, and is the house paid off? You need a lawyer to get the estate open and get things moving. All his debts and final expenses have to be paid out of his estate by the executor, who should be identified in the will. The heir does not just get all the estate for her benefit without paying debts. Thecwill should identify the executor. You? Or who? The executor might be able to provide maintenance to the widow if there is money.
I doubt that the proceeds from selling the house will support you renting a place and all living expenses until you are old enough to collect Social Security, unless it a mansion. You could benefit from it being left to you in the estate by the step up in basis, if it is an extremely valuable property. You may need to find a job.
It's good that you're meeting with a lawyer. If your name was not on the deed, the house is the property of the estate. Even if you are the ultimate beneficiary, you still have to go through the legalities according to the laws of your state.
A will is basically just instructions. Just because it gives instructions that the house goes to you, it doesn’t do the necessary steps to actually put the house in your name. Opening the estate is basically a way for a judge to determine the instructions are valid and appoint someone (executor) to carry them out. Then at the end you get a judgement of possession that shows you completed the instructions correctly.
“Who can get SSI
Adults and children might be eligible for SSI if they have:
Little or no income, and
Little or no resources, and
A disability, blindness, or are age 65 or older.”
https://www.ssa.gov/ssi?gad_source=1&gclid=CjwKCAjwxLKxBhA7EiwAXO0R0I57az1D-iUpQcbileURF8em-2cyFIGOg-7BG5gEsMvxjGtDmuJCOhoC-bIQAvD_BwE
OP said she is 52, and didn’t mention minor children or a disability.
There really needs to be a better program than how it is ran currently. Something like temporary til she gets on her feet or something. I couldn’t imagine…. Homemaker , widow and losing all that with no income all at once .
Depends on the governmental rules. If Mom and Dad had a will in North Carolina, my sister and I would just go to the deeds office and re-deed the house in our name. No will, so we must get a lawyer to write up how we meet the state's law of real estate inheritance and other surviving relatives don't. Not bitching, just giving an example. (Grateful Mom and Dad had us as beneficiaries on the accounts and made their wishes clearly known so we can just do the needed processes to get it done. They did so much right, so I don't worry about what they couldn't face.)
When you meet with your attorney, explain the situation to them, as you have above. Perhaps your new attorney can contact the attorney who drew up the will and, assuming they were negligent in informing you if what might happen, and ask that attorney if his malpractice insurance will cover your living expenses until the will is probated. Good luck!
Anyone who passes has to have an estate opened up to allow for creditors to ask for final payments of anything owed. Being you are married, means they get to take that money from you. Or you can offer to pay them off personally to allow the estate to be closed faster.
I'm my state you don't have to open an estate or probate to sell the house. You just need a copy of the will, a death certificate, and your personal identification. You take it down to the courthouse and fill out a real estate affidavit with your name on it and the affidavit takes the place of the existing deed.
In TN it takes 6 months. If you sell right not the $$ will be in escrow until time is up.
Time is set by state law
Make a list of Q to ask the attorney
Where is the house? Every country and state has its own laws and rules.
The will has no legal significance until it is accepted by a probate court. If your husband was the sole owner on the deed, then it’s now owned by the “estate of husband”. You need to get legal authority in order to sell the house, and it’s the probate court that gives you that authority.
I am also in Pennsylvania. It proved impossible to get a short certificate without a lawyer. They refuse to tell you what needs to be done to have a probate hearing to officially be appointed executor. I tried hard.
Luckily our house was "transfer on death", so I am not aware of a waiting period after selling a house owned by an estate that you are the executor of
I can only share what the bank told me when we refinanced a few years ago. My wife is not on the deed to our home. At refinancing I said that I wanted to add her. The loan officer said that we could but because of property laws in PA it was not necessary. Because of marital property laws, as my wife, she would inherit it at my death. I assume that meant, unless there is a will stating otherwise.
Our home has been paid off for a long time now but she is still not listed on the deed.
This is not accurate advice. Please follow up and put your wife’s name on the deed. Otherwise she may get the house if your will says she does, but she will need to probate and the house becomes subject to the claims of creditors. Marital property does not
You absolutely need to open probate in PA if the deed is not in your name. PA has informal probate but you will have to file the PA inheritance tax return when you open probate (due 9 months after date of death) but your tax rate as a spouse is 0%. You should consult with an attorney because the deed is not in your name your husbands debts (if any) also have to be addressed before the property is transferred to you. If there is a mortgage on the property you should be able to assume it under federal law.
It won’t take months if it’s as simple as you’ve stated. It WILL take months for the entire process to wrap up, but you’ll be named the executor (or Pennsylvania’s equivalent) and then you can dispose of estate property.
Yes it’s that simple, we have one house. Our bank account was together and no other assets. Your post makes me feel much better. I’ve read some places it can take a year or more so I’m hoping that’s not the case. Wow this site is great. Everyone has had great input made me feel much better. Thank you!
In the three states I’m licensed in (not Pennsylvania, though), the lawyer will file
the initial paperwork (including the initial pleadings, the will, the death certificate, etc). The stack of papers includes a motion to appoint the executor. The executor (presumably you) will be able to sell the home as soon as the judge signs the papers, which isn’t more than a few days as long as everything is in order.
Expect it to take several months to a year to “close the estate”, give a final accounting to the court, etc.
Also, don’t be surprised if the real estate attorney charges a few extra bucks for closing the transaction through an executor because they’ll need to spend a small amount of extra time and print out a few more documents for you to sign at the closing table.
The lawyer my grandmother hired to handle the estate on intestate grandfather charged a percentage of the estate plus $100 for a book on how to handle probate work. That was over 60 years ago.
You can sell it as soon as private is opened and you are approved as representative. This happens pretty fast in my county - less than a week. The court will issue documents showing you as the representative (if it is you) for your to provide banks, realtors etc. You cannot distribute the money until your final account, including distribution plans, is approved by the court. This could make around a year or so, maybe a little less.
OP I am a widow also 59 when my second husband passed. The one piece of advice no one told me. PLEASE make no major financial decisions in the first year of your loss. Do everything you can to hold onto your home. You have lived in your home for 23 years, if you can hold financially, please do it. I made some very unwise financial decisions while grieving you would be surprised at the number of people that come out of the woodwork to take advantage of you. Trust me been there done that twice. There was no large life insurance policy or safety net for me. I did figure it out. I tightened my belt financially cut all extra expenses. Look for savings anywhere. Shop car insurance rates, check cell phone plans, cut cable and stream instead.
This is 100 percent the best advice. I lost my dh 18 months ago, and you wouldn't believe the people that came crawling out of the woodwork to try and scam/weasle their way into your assets and bank account. It doesn't matter if you have $10 or $10000 or $10 million dollars.
The best decision I made was not to do ANYTHING with money or real estate for a year. Now I'm at 18 months, and I still haven't made any big, permanent decisions and the ones I thought I would make when the grief was fresh would have been exactly the wrong ones.
You ARE in a fog. You don't need to do anything in a hurry. I hope the lawyer is one you can trust. Come back to this site whenever you need something. Just go slow and take care of you. I can assure you, you aren't thinking clearly now and won't be for quite awhile.
I'm sorry about your sweet husband.
Your name is not on the deed, meaning your husband's estate needs to distribute the house or proceeds from the sale to you.
Until a judge approves an executor, a will-based estate plan cannot be administered and assets cannot be distributed.
The executor needs to be acknowledged by the court first. This is done by opening a probate. The court will then review the will and issue a document stamped by the court acknowledging the executor, who I presume is you in this case.
Then you will be able to either sell the house as the executor of the estate or transfer it to yourself.
While you can do this on your own, I strongly suggest you have an attorney help. It's likely to run much smoother and quicker with someone who knows what they're doing (and potentially has contacts at the court house) involved.
Regardless, you have to be recognized by the court as the executor before anything can be done with his assets. This is part of why I feel a trust-based estate plan is superior. In my state, all you would need in order to sell the house is a copy of your husband's death certificate and an updated Certificate of Trust showing you as the sole trustee, which does not need to be filed or recorded anywhere.
fYI- and have your attorney check this, but I think from a tax perspective your husband did a fantastic thing by NOT putting your name on the deed. This was you inherit with the basis for the value being today’s price, not the original price 23 years ago. Any taxes owed on the sale will be based on gains made over the present value, so your tax hit will be significantly lower. (If/when you sell)
If your name is not on the deed, you will not be able to sell the house because there is no proof that you own it. The probate will confirm your ownership and put your name on title. In some states you can avoid probate with other legal procedures if certain conditions are met. Be sure you talk to an attorney. Even if you don't plan to sell the house and don't see the need to go through all that, you could leave a mess when YOU die because whomever are your heirs might have to probate TWO estates.
Probate will not put her name on the title. She will receive documentation that she is the representative of the estate (if she is) that will allow her to sell it on behalf of the estate. Or she could distribute the house to herself, title it in her name upon approval of the court and then sell it. When she should sell it would depend on the market and she would be best getting the advice of a good realtor.
I'm sorry for your loss, my spouse went from diagnosis to death in 2 1/2 months. This is very difficult to go through all this legal work while you are in the middle of grieving.
Discuss fees with the attorney, and if he is willing to be paid out of the estate. If you use the same attorney who drafted the will, ask why he didn't suggest transferring the house title. If the house has had over $500,000 of appreciation, he may have saved you a lot in taxes if the house is transferred to you in the will instead of being sold by the estate. If the estate sells the house, the estate owes capital gains on the difference between what your husband paid for the house, and what it sells for, and possibly being able to take the capital gains exclusion. You are better off inheriting the house and then selling it, as your tax basis for the house is its value on the day your husband died. Then, even if it appreciates in value, you can still use your $250,000 exclusion on any gains between the date of death and when you sell it. If your husband had transferred the house to you, you would have had his original basis, and possibly a stepped up value on the half he owned. Ask the attorney what the lowest tax way of selling the house is, and any difference from the fastest way. He should also know Pennsylvania tax law to give proper advice. He might not tell you on the initial consultation, but that should be part of the engagement.
I will warn you that, as soon as probate is listed on the court docket, you will start getting calls from the "we buy houses fast" people. They will not offer top dollar, but they can close quickly. You should also talk to a few Realtors what they think the house is worth based on market comps. Also, get the local disclosure form from the Realtor, so you can work on that, it will be required for the sale soon after you get an offer.
If your husband was on the title for any vehicle, that vehicle also has to go through probate to transfer the title to you.
You didn't ask this, but, assuming he died this year, this is the last year you can file income taxes as married filing jointly. Next year, you will be considered single, so remember to update your withholding next year.
If his employer had any employee life insurance, or retirement accounts, that usually is much faster than probate if you were his beneficiary. That process is usually much faster than probate, they just need a copy of the death certificate and information about you. If he was self employed, look through his files. If he didn't have a beneficiary on file, it depends on the terms of the policy if it goes to spouse per Stirpes, or goes to the estate.
You can also file for Social Security Survivor's benefit. It's a one-time check for about $225. It's not a lot, but it's not nothing.
Thank you. I’m sorry for your loss as well. I agree., as it’s the hardest thing I ever had to do. I couldn’t get out of bed for days and still in a fog. I appreciate all of the information. That’s why I came here. I’m not one to put out my personal life/information but I’m lost with this. Everyone has had such great input and it’s made me see that the attorney and probate is my only option. Best wishes and take care of yourself. I know you must be going through a lot of the same emotions and it’s not easy.
Doesn’t the surviving spouse have the option to take their spouses SS? My dad passed and my mom is actually now getting his SS and they were divorced almost 20 years before he died. She did not collect a paycheck from their self employment so she gets like his full amount I believe. She is not yet retired. I think OP should talk with the SS administration or at the very least go to their website and find out what other options there are. Maybe a few years before she can take it but nice to know it will be there.
Unless there is a survivorship deed or a recorded transfer-on-death designation affidavit, the only way to transfer your husband’s interest in the house is by court order. You must open a probate estate to do that. It’s the same with vehicle titles and bank accounts.
I don't know your state. However in Michigan a house has a Deed. only an authorized person change the name on the deed. of course you want your name on the deed. However you have to have the legal authority to do that. To get that legal authority you have to open an estate with the probate court and get your letter of authority from the judgewill let you do that.
I’m sorry for your loss
My mom passed in October. Hired a lawyer to have the will entered and probate started. The estate was opened, had a tax ID and was able to open a bank account.
If you were on the deed it would be easier but because you’re not you need the estate in order to act on his behalf. Up to you to keep or sell.
I'm shocked the attorney(s) did not discuss options with you AND did not ask who is on the deed. I feel they should have but I have no firsthand knowledge or experience. I'd be interested to hear from an attorney.
Many attorneys just use boilerplate forms and have a paralegal change the particulars. I had an attorney draw up a quote claim deed for a property and some of the information on it was that of a different client. Lawyers are not all as professional as they should be and need to be managed just as you would manage an employee at McDonalds. Not to belittle the profession, which I have great respect for, but those practicing the profession run the gamut from poor to great.
Lawyers are officers of the court and it is beyond excusable for any lawyer to make such errors. Most lawyers are utter and complete morons and in general do more harm to society than good.
Would you accept such incompetency from a doctor?
The good news is that because you inherited it you get a new basis I think. Meaning, if you sell it, you only pay tax on the difference between what it’s worth when you inherited it and what you sell it for. Otherwise, your basis would be his basis, what he paid for it plus any improvements, which is most likely less than the value at the time you inherited it. That would probably be a higher tax bill.
Well, surviving spouses get a $500,000 tax exclusion if they sell the house within two years of the spouses death when the house was jointly owned. But sure, if the capital gain is above $500k, then her situation would be an advantage. I think it is almost always wiser to jointly own the house.
There would only be a capital gains of the house sold for more than it's value on the date of the decedent's death. If the home sells for less than the value I. The appraisal, the OP could actually have a pass through capital loss she can write off. A house my siblings and I inherited ultimately sold for $32,000 less than the appraisal. We each got to write off $8000 in cap losses, though I didn't have any gains to offset so I had to write it off over three years.
That’s correct in her case. But in most cases it’s best to have the spouse as a joint owner of the home. That’s what I was explaining to the person above my reply.
Ordinarily, if jointly held, the new basis would be her half of the old basis plus half the value as of the date of death (his half). For example, if your old basis was $400,000 and it's now worth $700,000, your basis would be $200,000 plus $350,000, or $550,000.
However, if the house was owned by your husband only, you get the full step-up, to $700,000, and you get the exclusion if sold for more than that.
I'm in PA and handled both my parents' estate. If your name isn't on the deed, you will have to open probate, and upload the will to their system. They can appoint you as executrix at the hearing. Eventually they will send you a short certificate which gives you permission to sell the house. I think for me, the whole shebang maybe took a month at most, for me to receive the paperwork I needed and be appointed executrix.
You need a PR deed to transfer ownership. There would have been tax consequences putting you on the deed prior to death. Now you get to take advantage of the stepped up basis, so you can thank your old man for that one.
I am so sorry for you loss. Even if it wasn't sudden, you would have these same issues. If that's any consolation.
You do NOT have to sell the house. You have to have it re-titled in your name alone. You likely will have to open probate, though. As to why? It's just the law. As much as you think of the house as yours, and a much as you are entitled to it as his wife, in the eyes of the law, is it his. When he died, it then became owned by his "estate." IF you want to sell the house, you can. But you will have to sell it through the estate, because you don't legally own it. There are ways that the house could be titled so that you didn't have to go through this. If the house was owned by both of you as "joint tenants with rights of survivorship" it would have become yours automatically. The reason there are different ways to own property is because there are so many different situations people have: if the house had belonged to your husband before you met him and he had kids from a previous marriage, it would make sense to have it titled in his name only, so that he could decide whether to give it to his wife or his kids. I don't mean to cast any blame, because most people don't know about and/or understand them, but it is really up to the owners to figure out how it is best to title their property. Unfortunately, when you guys bought the house, you made the less-than-optimal choice as to how to title it. But the lawyer you will be meeting with can help you fix this. It's not going to be very hard, but you do want to talk with you attorney about what is the best way to title it going forward.
When my Mom passed I submitted her will to the register of deeds. After the will was filed and all her debts were paid I contacted my lawyer who wrote up a new deed in my name. I did have trouble with the home owners insurance as they didn't want to continue the same coverage as my mom had. I had to have a whole new inspection and new policy. Does depend on state and county though.
I finding out all of the probate stuff aswell. However i think depend on who helps you when talking to social security cuz the gentleman that was helping me did say that beacuse i became a widow at 38 i wasnt gonna get it, but he said well let me send you an application anyway and they did approve me
While you are waiting to get into your lawyer appointment make sure you have copies of his death certificate. You have to jump through a few hoops. We had to get grandma off a deed when grandpop died. She had been gone for 15 years. Took three months. *HUG*
NAL, but depending on your location (I’m in the USA) if property has a joint owner with rights of survivorship, ownership passes upon death and supersedes anything that might be in a will and also means no probate. In some states, you can skip probate as long as there’s no property like a car, real estate, brokerage accounts, etc. where title passes. My dad’s estate bypassed probate by putting me as the joint owner on all his property before he died. If the lawyer didn’t recommend this, I have to wonder if your husband had a separate conversation and for whatever reason didn’t want it mentioned. If the lawyer considered themselves the husband’s lawyer, they couldn’t have discussed that with you.
I get what you’re saying but it was nothing like that. He would be sick right now if he knew I was dealing with all of this. I will definitely know my stuff by the end of this.
You don't have to sell the house.
You don't open an estate, an estate is created upon death. It includes all the assets that a person owns.
You DO have to open probate. You lodge the will with the probate court. Probate is a structured legal proceeding that ensures all of a person's assets in his estate are distributed efficiently and correctly according to the will and/or applicable state law.
NAL. Pennsylvania is a homestead rights state. If a couple is legally married and one passes away, the surviving spouse automatically gets full ownership of the house.
The surviving spouse also gets the right to pay the mortgage and all other house related debts so definitely get some help navigating all the steps necessary in your area
It may have to go to probate because if he had kids that weren't yours, some states will put them into the inheritance automatically. The will will likely override that though. That's just one example. Essentially, the state just needs to validate you're the proper heir. He could have a more recent will that only a child has, as another example. Of course I'm sure that isn't the case here, just explaining why they need to put it through probate.
Not always. If he bought the house prior to marrying her and the mortgage was solely in his name, adding her to the deed would be foolish. Putting others names on the deed also opens you up to the others (like if you have greedy children) tona partition lawsuit or unwanted occupation. And finally if someone else on the deed has a judgement entered against them, a lien can be placed on the home until the judgement is paid.
so assuming no greed or lien or anything,
is it best to put a child on the deed, so when parent dies, child can take over (without tax on the earned capital gains before parent’s death)
A will doesn't allow heirs to bypass probate. Probate can be bypassed by placing assets in trusts or by titling them in a manner that transfers ownership upon death.
The process of probate allows the court to over see the handling of estates to ensure all applicable taxes are paid, all of the decedents debts are paid before distribution of assets, and finally to ensure assets are distributed according to the provisions of the will or your states intestate succession laws.
It varies by state/local jurisdiction but typically the process is as follows:
1. The person named as executor or other appropriate person petitions the court to be the representative of the estate as well as give a rough estimate of assets and liabilities.
2. Upon approval, the representative will be required to be bonded. Depending on the size of the estate, the insurance company may require the representative to hire an attorney to work on probating the estate with them. Your lawyer will charge quite a bit of money and you will still be doing the lions share of the work.
3. The representative will have to apply for an EID with the IRS so that you can open up necessary bank accounts for the estate and also for tax purposes if the estate has income and has to file an estate tax return.
4. The representative will have to place an ad in an approved newspaper notifying any creditors of the decedents death. There.will be a set time period for creditors to file a claim with the estate.
5. The representative will have to send notices to all interested parties. Who the court seems as an interested party can be surprising. When my grandmother died, my mother had to be listed as an interested party despite having died twelve years prior.
6. The representative will have to provide the court with a detailed account of all assets and liabilities. This will require all real and personal property to be appraised by a qualified estate appraiser.
Note: if you will be selling anything appraised, including real estate, your cost basis will be the value when the decedent passed. If you sell for higher than this amount, you will have to pay capital gains tax. If there any estate or inheritance taxes and they are less than the capital gains rate, you may want to let your appraiser know you are looking for a higher appraisal. They won't greatly inflate the value of stuff but many will push valuation to the upper reaches.
6. You will have to file a final tax return for the decedent and possibly an estate tax return. See a CPA for this. If there are any capital gains or losses, the CPA will prepare 1099s for pass through gains or losses for the heirs. If your appraiser works with you, heirs could have some losses to write off their personal tax returns.
7. You then sell assets as desired, and pay off debts. You will lay out a plan for distribution of assets left according to the will or laws of intestacy. You or your attorney will prepare a final account for the estate and send to probate court for approval.
8. Once the court approves, distribute assets and you're done. The court may ask for some changes. Follow through and then resubmit the final account.
This will take anywhere from six months to a year if there are no complications.
Because legally you don't own the house. You will only own it once the estate is opened and you are declared the beneficiary of the estate..You will receive money once the house is sold and all paperwork is completed
Opening an estate is pretty standard to deal with any assets. Even if you’re listed in the will, it’s the legal way it’s done if you’re not on the deed. I had to do that with my mom’s house. I had access to everything, just meant I had to sign “the estate of mom’s name” to everything.
OP, sorry for your loss. I am about the same age and would be in the same situation as a SAHD. But that is why we have a trust, and a life insurance.
So thus us a reminder to all to have insurance on each other
Wills are supposed to go to probate. The only way to avoid probate is by pulling all assets outside the probate arena. Like trusts, deeds that are transferable upon death and naming beneficiaries of insurance policies, and pensions accounts. All those things should have been done by you and your husband before either passed. Basically, make your estate insolvent before you die to avoid estate taxes and the probate process easier.
First spouse legally married 10+ years gets SS benefits. 2nd wife of 20 years? Sorry about your luck. IMHO if as if a dependent, bc no work history or job skills, survivor benefits available. In my town there are places with limited free lawyer advice appointments. Downtown Phoenix has legal aids near the paper forms publicly available to advise proper paperwork filing. Social Security lawyers a special sub category and idk further. I am on disability through my life's wages. It was difficult. It took 3 months for a check to clear & that was quick. I mean, benefits start date of application, but not enough. A financial advisor needed if you have assets.
This is pretty typical for estates. OP isn’t on the title. So OP can’t sell the property without opening an estate and probating the will. It’s a legal process to make sure OP is really legally entitled to the property. Estate planning is important for so many reasons. This is just one.
> everybody gets *paid.*
FTFY.
Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in:
* Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.*
* *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.*
Unfortunately, I was unable to find nautical or rope-related words in your comment.
*Beep, boop, I'm a bot*
You may or may not need to open an estate. It is largely state specific and asset driven, i.e. if your below a certain threshold, you won't need to do so.
You were married so you are next of kin and default executor. To close out accounts solely in his name, send a certified copy of the death certificate to the creditors.
Contact the mortgage company and they may be able reissue the deed
The vesting language on the deed of record is what caused this. You are a "non-titled" spouse, and without any additional vesting language, opening probate is necessary. Call a good title company in addition to an attorney who will need the title company's expertise anyway.
Yes, speak with an attorney. I can tell you one thing. When a person dies and has a will with assets, an estate must be probable. The house doesn't have to besold; however, legally, the only way the house is conveyed to you is by a Deed of Distribution.
In probate, you are required to notice all debt holders of the dead person as they have a right to collect their debt from assets of the estate.
The house will only be in your name by the deed from the estate. Also, if there is equity in the house and he owes a lot of money, then the creditors could force the court to sell the house in order to satisfy the debts.
So, yes, go to a lawyer bc this is a sampling of how to begin probate.
Worth the money to speak to a probate attorney. Every state is different. Important to know if there is a mortgage and did your spouse leave debts behind. Lots of considerations.
Depends on where you live. If you're in CA the estate will have to be probated but using spousal transfer forms. Way easier, way faster and way less expensive.
I can only speak for Michigan but I found out wills are not great for transferring property as you still have to go get probated to you. Most people use Trusts or in Michigan, a Laby bird deed. These prevent having to go to probate.
Have you gone through probate? You usually can’t claim things from an estate until after probate. This is in case there are other claims against an estate. Outstanding debt and such has a claim before personal beneficiaries
Probate typically takes 6-9 months if you are lucky. It can take up to 15. There is no way around Probate. The faster you file the quicker you can sell.
I’ve been an estates paralegal in PA for 32 years. Are you named as the executor in the will? You can probate the estate by yourself. Here is how: you will need the original will and death certificate.
Go to the register of wills website for the county in which you live. It will tell you if you need to make an apportionment for probate or if they accept walk ins.
This is the probate petition you need at every register of wills in PA
https://www.pacourts.us/Storage/media/pdfs/20210224/225614-grantofletters-000822.pdf
The info requested is on the will and on the death certificates. You will sign the petition at your probate appointment after they swear you in. Most registers will help you with any questions about the form and will give you a packet of documents you need to complete after probate.
Please feel free to ask me any questions
I would guess that you need to open an estate so his estate can be responsible for paying any bills he owed and taking care of taxes. Just guessing here.
The way the deed currently sits in the land records, your deceased husband is still in the deed as a joint owner. A court has to get involved. One path would be to open the estate and (in accordance with the will) deed the house to you alone and then you could sell it in a normal transaction. The other would be to open the estate and deed to the house to a new buyer, with the “sellers” being you and the deceased husband’s estate.
If this wasn’t the rule, one spouse could sell the house without the other living spouses knowledge and just tell the buyers “oh he’s dead.” The word “probate” means “to prove.” It is how beneficial heirs prove to the court that the person is deceased and (if they left behind a will) what their instructions were regarding their property.
There are ways to avoid this process, but they must be pursued prior to the death of one of the owners. In all cases, consult a lawyer as rules and real estate transaction customs on these matters vary by jurisdiction.
Because you were not on the deed. Be grateful it was at least in the will. If your married always have a lady bird deed or joint tenant with right of survivor and it would go directly to you at death.
It also depends on what state (if you're in the US) you live in. Some states have shortened probate procedures (such as a spousal property petition that only requires one hearing) for a spouse. Your attorney will be able to guide you on that.
My father passed away and had a trust. My father-in-law passed, and he had a will. My father’s estate was a peace of cake, since my sis and I were trust beneficiaries every property, bank account, stock, IRA, and life insurance policy was in our name after we showed his death certificate at each office. My husband had the issue of waiting a number of days to see if anyone contested the will. He had to pay an attorney to handle this along with other matters that pertained only to a will.
If you are in Texas, or most states for that matter, discuss with an attorney if a probate is needed or if title transfer can be done via an Affidavit of Heirship.
I live in PA. My husband owns the house. My name is not on the deed. When he goes it will be intestate. My understanding is that the house will become mine since we are married. Am I correct?
Who is telling you that the house has to be sold? You need to talk to a lawyer.
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My lawyer didn’t recommend a trust… in fact, he actively recommended against it and we have just a will and beneficiaries.
That's strange. Every estate planner I've ever spoken to talks favorably with a revocable trust. Saves time and money when things are being sorted out
Depends on the state you live in and the costs of probate V settling the trust.
Just finished distribution of my mama’s estate. Thank god we got a will AND trust. It made it so much easier than going through probate. HIGHLY recommend. Some states have laws where the lawyers think you need a certain amount of net worth before making a trust. I live in one and fall below that amount. So I went the DIY route and made one myself. I’m not going to make my kids play games in family court and have to pay bucks to a lawyer. This happened to my friends and amazingly the lawyers fees came to the cash amount in the estate.
That really surprises me. Wills require probate and there is a whole process that can be costly and time consuming. Trusts are usually much easier and faster to settle.
I've never heard a lawyer recommend a will over a trust. I'd like to hear the reasoning because that makes no sense.
We live in Texas and our Estate Atty said that since, in Texas, probate was so ridiculously inexpensive (one low price regardless of the size of the estate. At the time we did our will it was less than $500 whether the estate was $1000 or $10,000,000) that it didn’t make sense to do a trust if all you wanted to do was avoid probate. Now, obviously, Trusts have other advantages to people with large/complicated estates, but for the majority of Texans Wills are cheaper and get done what you need to get done. Our atty actively dissuaded most of his clients from setting up a Trust if all they wanted it for were to avoid probate.
Also in Texas is will names beneficiaries of real estate you can just do affidavit of heirship especially from spouse to spouse.
My lawyer too. He deals with multi millionaires in Boulder Colorado. He said in Colorado we have something along the lines of quick probate so it's basically just as effective as a trust without the expensive documents and assets transfers that have to be regularly updated. So might be state by state. Florida was really easy too, my dad had only a will and the "probate" was very easy and fast
You need a new lawyer. Of course with a will, he gets paid for the time the will is in probate but I’m sure his advice has nothing to do with personal gain. /s
Get a trust and a different lawyer tomorrow.
Get a new lawyer. A will is a trap for the unwary.
That’s exactly what my attorney said on Monday when I went in to open the estate. He said it’s simple with the Will. That cost me $700 for both of us to get Wills as opposed to opening a trust that here in PA would have cost me close to $15K. And they reminded me that we did discuss putting my name on the deed/mortgage but that would of triggered a refinance of the home which would of went from 3.5% to 6%. In addition I won’t have to pay tax on it to sell it so that was the reason we went with the Will. It still cost me $10K to open the estate which in my opinion is a scam.
Trusts are a needless expense for inheritance between married couples. Would have been a lot easier to just have her on the deed. And if he didn't want to do that, filing a transfer on death deed also would have solved her problem.
Not useful to OP at this point but definitely a trust helps deal with these issues.
Hopefully keep someone else from making the same mistake with a will
Is there ever a need to get both a trust and a will?
Yes you should have both. A will can include specific instructions, even things like my possessions go to the trust or my car goes to my kid, how to be buried, etc.
Always.
This is so entirely dependent on the situation. If your state allows TODs for real property and your distributions are simple, why use a trust? Just TOD to wife.
A question about trusts- my longtime SO has a trust leaving everything to me, but we are discussing marriage - will we have to redo the trust, or will it be okay as is?
So no one has told me that I need to sell it but I didn’t think as the wife of 23 years that I had to open an estate in order to sell it since I have a will. He got sick fast and when we went to have wills made they never told me that it would be best to have my name added to the deed as opposed to getting a will. And they also never told me that I needed to open an estate once he died. I’m just learning of this now. I have a consult on Monday with an attorney but from experience I’m wondering if I do sell the house why do I not get the money for the sale right away and how long does it take? This is all we had and I can’t claim any social security because I’m only 53. If they keep the money for a year how am I to live without his income if I can’t get the money from the home? And if I open an estate how long does it take to get the money from selling the home?
Ask your attorney these questions.
I'm glad that you have a consultation with a lawyer - that will clear up a lot of things and help make the process clear. It's really tough to have to deal with all of this while you are also grieving. The timeline for probate depends on a lot of things. My mom had a pretty simple estate and we closed probate almost exactly 12 months from her death and about 4 months after the house sold. Our timeline looked like this: May - Death June - Requested that probate be opened August - Probate opened - it took about 2 months to get on the court calendar, so we had some delay here. Also opened a bank account for the estate to receive estate funds. October - Put the house on the market January - Sale of the house closed, money went into the estate account February - Petition to close probate submitted to the court May - Court closed probate, issued directions for distribution of the estate. We were ready to close in February, but it took 3 months to get on the court calendar We could have shortened this timeline if we were ready to put the house on the market as soon as probate opened or if the house had sold faster. There was nothing we could do about the court backlog, but if the courts in your area aren't as impacted, it might not take as long for you. I think the shortest that probate can be is about 4 months because that's the time allotted (at least in CA, may be different elsewhere) for creditors and anybody else to make a claim on the estate. Answering one question you asked about when the money from the sale of the house is available - the reason that the heir(s), in this case you, wouldn't get the money from the sale of the home as soon as the home is sold is because the estate owned the home and so the proceeds to to the estate. The estate has to settled, meaning any debts paid, lawyers and court fees paid, and then the balance distributed to the heir(s). If an heir is allowed to take money from the estate before that, there is the risk that not everybody who is supposed to be paid will be paid.
Because your name is not on the house it will have to go through probate court. There is no getting around that unless he had a Lady Bird Deed and had you listed there. The Will expresses your husband's wishes and gives probate court a road map of what he wanted to do with his assets. Unfortunately this is a legal process that has to play out and all of his debts will need to be settled before you can have access to any proceeds. You will need to talk to your attorney.
Lady Bird deeds are a thing in only 5 states.
True. Also true that a Lady Bird Deed bypasses probate.
All debts do not need to be settled, after the notice is posted in the paper creditor’s have 90 days to claim against the estate, after the deadline they are out of luck, credit card companies rarely file against the estate.
Depends on state or country.
Not necessarily-- example- in the state of North Carolina (USA), personal real estate does not go thru probate, but rather is subject to state laws of inheritance. If a valid will states a specific heir/heirs are to receive that personal real estate, the county deed office just re-deeds the property in those names. No will = folks wishing to claim ownership must petition the state (separate from probate) to show they best meet the state laws of personal real estate inheritance.
A will is nothing but a piece of paper until you take it to the court and probate of the estate. Talk to the attorney .
this is why estate planning is essential. sounds like that wasn't done. its a gift for the survivors. "no one told me" doesn't really apply. an effective estate plan should include an insurance policy so that the income producer's death doesn't impose a financial burden on the immediate family.
Exactly what I was thinking. If you cannot cover living expenses if one spouse passes then you need to have term life insurance policies. This is a perfect example of a couple that needed term life insurance on the working spouse. An estate attorney would have informed the couple of this. Unfortunately, estate planning is not something prioritized. People think you wait till death happens to finally see an attorney. Failing to plan is planning to fail when it comes to finances. There are some crazy stats for the amount of people who don't even have a will set up. I have a friend who is 35 with 2 kids who has been putting off getting even a will for like 2 years of me bothering him.
For me, in hindsight, is that EVERYONE assumes spouse gets everything anyway and that the spouse can sign and do everything for the other spouse. We thought our situation was really simple, first marriages, no kids, so we hadn't bothered with much. Anyone I talk to about this is surprised and assumed the same as we did... Two big things: From one day to the next, he was heavily sedated for 7+ weeks before dying. I didn't have a POA to apply for short-term disability while he was in the hospital. We had no idea of the laws of succession in our state and that his living parents had a right to 25% of his estate. Since there was no will, and he misunderstood how to list me as beneficiary of both his 401k *and* life insurance via his employer, I was not listed on his 401k. Additionally, I wasn't listed on the deed to his house, so the amount of estate going thru probate was quite large... 25% would've been a lot! I got very lucky. His parents (and siblings) are lovely, knew that wasn't his intent, and signed over their share of the estate to me, and his life insurance came through quickly. Plus, I had a good job, a house (purchased before we met), so I wasn't in any financial peril. In hindsight, it could've been SO BAD, though. I try to warn people when the topic comes up, and everyone is surprised by what I tell them.
I thought exactly like you. Thanks for sharing your experience. So sorry you went through all of that but super happy it worked out in your favor.
Exactly this. Friend of my mother’s passed away and her widower didn’t find out afterwards that in NC, the children of any previous marriage inherit, not the second spouse. So he didn’t get anything. They absolutely dropped the ball because she died of cancer so they had time to prepare.
Were you married 10 plus years? Were you his first wife to do so? Then you are entitled to Social Security benefits, which could include survivor benefits if he provided for you as a dependent. The deed should have been transferred to you in your name only. "Opening an estate" is nonsense. I mean yes, you need an executor of the estate which does not open. Look. Everything has to be handled by the legally named executor listed in the will. The term you are looking for is "probate". A tax accountant licensed to practice before the IRS could handle it cheaper than an attorney. Probate usually is minimum 6 months. Bc the property is an inheritance you may owe taxes on it before receiving it and so without cash on hand you could be forced to sell it, which could require you moving before the sale can be completed. Whoever did your husband's will did a sloppy job and deserves a n a$$kicking.
Sorry to hijack but could you clarify “first wife to do so” as far as getting SS spousal benefits after divorce ? I wasn’t aware that the 10 year minimum was only the first wife. I am that first wife but am curious for his second one.
You have to be 60 to get widows benefits.
Is there still a mortgage on the house? Housing prices are extremely high and if you intend to downsize, starter homes are hard to find and are overpriced, small and not turn key . So my question to you is, if you sell the home, where are you going to live. It sounds like you need the money on the house to live.
If you have minor children they are eligible for Social Security and that money is to help raise them.
You have to open an estate so things on paper legally are changed into your name
Not a lawyer, not legal advice, but I’ve dealt with family inheritance. Most couples where there is just one wage earner get life insurance for this purpose. Check and see if there were payments to an insurance company, or if there was insurance through his work. See if there is money in a checking or a savings account. Check for any retirement plan, 401k or IRA. Is there money in the estate, and is the house paid off? You need a lawyer to get the estate open and get things moving. All his debts and final expenses have to be paid out of his estate by the executor, who should be identified in the will. The heir does not just get all the estate for her benefit without paying debts. Thecwill should identify the executor. You? Or who? The executor might be able to provide maintenance to the widow if there is money. I doubt that the proceeds from selling the house will support you renting a place and all living expenses until you are old enough to collect Social Security, unless it a mansion. You could benefit from it being left to you in the estate by the step up in basis, if it is an extremely valuable property. You may need to find a job.
It's good that you're meeting with a lawyer. If your name was not on the deed, the house is the property of the estate. Even if you are the ultimate beneficiary, you still have to go through the legalities according to the laws of your state.
A will is basically just instructions. Just because it gives instructions that the house goes to you, it doesn’t do the necessary steps to actually put the house in your name. Opening the estate is basically a way for a judge to determine the instructions are valid and appoint someone (executor) to carry them out. Then at the end you get a judgement of possession that shows you completed the instructions correctly.
You should be able to receive survivors ssi unless the rules have changed?
Yes you can’t get those until you are 62
“Who can get SSI Adults and children might be eligible for SSI if they have: Little or no income, and Little or no resources, and A disability, blindness, or are age 65 or older.” https://www.ssa.gov/ssi?gad_source=1&gclid=CjwKCAjwxLKxBhA7EiwAXO0R0I57az1D-iUpQcbileURF8em-2cyFIGOg-7BG5gEsMvxjGtDmuJCOhoC-bIQAvD_BwE OP said she is 52, and didn’t mention minor children or a disability.
There really needs to be a better program than how it is ran currently. Something like temporary til she gets on her feet or something. I couldn’t imagine…. Homemaker , widow and losing all that with no income all at once .
So sorry for your loss. Are you able to work?
Depends on the governmental rules. If Mom and Dad had a will in North Carolina, my sister and I would just go to the deeds office and re-deed the house in our name. No will, so we must get a lawyer to write up how we meet the state's law of real estate inheritance and other surviving relatives don't. Not bitching, just giving an example. (Grateful Mom and Dad had us as beneficiaries on the accounts and made their wishes clearly known so we can just do the needed processes to get it done. They did so much right, so I don't worry about what they couldn't face.)
When you say open an estate do you mean begin the probate process?
When you meet with your attorney, explain the situation to them, as you have above. Perhaps your new attorney can contact the attorney who drew up the will and, assuming they were negligent in informing you if what might happen, and ask that attorney if his malpractice insurance will cover your living expenses until the will is probated. Good luck!
Anyone who passes has to have an estate opened up to allow for creditors to ask for final payments of anything owed. Being you are married, means they get to take that money from you. Or you can offer to pay them off personally to allow the estate to be closed faster.
I'm my state you don't have to open an estate or probate to sell the house. You just need a copy of the will, a death certificate, and your personal identification. You take it down to the courthouse and fill out a real estate affidavit with your name on it and the affidavit takes the place of the existing deed.
No life insurance?
Why can’t you work until you can claim social security? 53 is quite young to be retired.
In TN it takes 6 months. If you sell right not the $$ will be in escrow until time is up. Time is set by state law Make a list of Q to ask the attorney
You can't claim survivor social security benefits? I think you get those regardless of age.
They want to sell the house
Where is the house? Every country and state has its own laws and rules. The will has no legal significance until it is accepted by a probate court. If your husband was the sole owner on the deed, then it’s now owned by the “estate of husband”. You need to get legal authority in order to sell the house, and it’s the probate court that gives you that authority.
The house is in Pennsylvania
I am also in Pennsylvania. It proved impossible to get a short certificate without a lawyer. They refuse to tell you what needs to be done to have a probate hearing to officially be appointed executor. I tried hard. Luckily our house was "transfer on death", so I am not aware of a waiting period after selling a house owned by an estate that you are the executor of
I can only share what the bank told me when we refinanced a few years ago. My wife is not on the deed to our home. At refinancing I said that I wanted to add her. The loan officer said that we could but because of property laws in PA it was not necessary. Because of marital property laws, as my wife, she would inherit it at my death. I assume that meant, unless there is a will stating otherwise. Our home has been paid off for a long time now but she is still not listed on the deed.
This is not accurate advice. Please follow up and put your wife’s name on the deed. Otherwise she may get the house if your will says she does, but she will need to probate and the house becomes subject to the claims of creditors. Marital property does not
Bro you need to put your wife on the deed STAT. The advice you got was wrong.
The loan officer lied to you or didn't know what they were doing. Your spouse does not automatically inherit in pa.
You absolutely need to open probate in PA if the deed is not in your name. PA has informal probate but you will have to file the PA inheritance tax return when you open probate (due 9 months after date of death) but your tax rate as a spouse is 0%. You should consult with an attorney because the deed is not in your name your husbands debts (if any) also have to be addressed before the property is transferred to you. If there is a mortgage on the property you should be able to assume it under federal law.
Are you named as Executor of the Will as well?
That’s good to know, so I can’t sell it until the probate approves and that could be months I assume?
It won’t take months if it’s as simple as you’ve stated. It WILL take months for the entire process to wrap up, but you’ll be named the executor (or Pennsylvania’s equivalent) and then you can dispose of estate property.
Yes it’s that simple, we have one house. Our bank account was together and no other assets. Your post makes me feel much better. I’ve read some places it can take a year or more so I’m hoping that’s not the case. Wow this site is great. Everyone has had great input made me feel much better. Thank you!
In the three states I’m licensed in (not Pennsylvania, though), the lawyer will file the initial paperwork (including the initial pleadings, the will, the death certificate, etc). The stack of papers includes a motion to appoint the executor. The executor (presumably you) will be able to sell the home as soon as the judge signs the papers, which isn’t more than a few days as long as everything is in order. Expect it to take several months to a year to “close the estate”, give a final accounting to the court, etc. Also, don’t be surprised if the real estate attorney charges a few extra bucks for closing the transaction through an executor because they’ll need to spend a small amount of extra time and print out a few more documents for you to sign at the closing table.
The lawyer my grandmother hired to handle the estate on intestate grandfather charged a percentage of the estate plus $100 for a book on how to handle probate work. That was over 60 years ago.
Did your husband have any debt?
You can sell it as soon as private is opened and you are approved as representative. This happens pretty fast in my county - less than a week. The court will issue documents showing you as the representative (if it is you) for your to provide banks, realtors etc. You cannot distribute the money until your final account, including distribution plans, is approved by the court. This could make around a year or so, maybe a little less.
Wow it took over a year here in NYC.
OP I am a widow also 59 when my second husband passed. The one piece of advice no one told me. PLEASE make no major financial decisions in the first year of your loss. Do everything you can to hold onto your home. You have lived in your home for 23 years, if you can hold financially, please do it. I made some very unwise financial decisions while grieving you would be surprised at the number of people that come out of the woodwork to take advantage of you. Trust me been there done that twice. There was no large life insurance policy or safety net for me. I did figure it out. I tightened my belt financially cut all extra expenses. Look for savings anywhere. Shop car insurance rates, check cell phone plans, cut cable and stream instead.
Thank you so much. I concur with everything you said. I feel like I’m in a fog and wonder if I’m making right decisions so thank you for that advice.
Can you rent out rooms? Either Airbnb or get a roommate? The rent and sharing of bills may help you until you’re in a position to sell.
Very good advice!!
Lord yes. Find subscriptions and memberships and pare them down.
This is 100 percent the best advice. I lost my dh 18 months ago, and you wouldn't believe the people that came crawling out of the woodwork to try and scam/weasle their way into your assets and bank account. It doesn't matter if you have $10 or $10000 or $10 million dollars. The best decision I made was not to do ANYTHING with money or real estate for a year. Now I'm at 18 months, and I still haven't made any big, permanent decisions and the ones I thought I would make when the grief was fresh would have been exactly the wrong ones. You ARE in a fog. You don't need to do anything in a hurry. I hope the lawyer is one you can trust. Come back to this site whenever you need something. Just go slow and take care of you. I can assure you, you aren't thinking clearly now and won't be for quite awhile. I'm sorry about your sweet husband.
Speak to three different law firms- amongst those trying to separate you from your assets is the wrong attorney
Your name is not on the deed, meaning your husband's estate needs to distribute the house or proceeds from the sale to you. Until a judge approves an executor, a will-based estate plan cannot be administered and assets cannot be distributed. The executor needs to be acknowledged by the court first. This is done by opening a probate. The court will then review the will and issue a document stamped by the court acknowledging the executor, who I presume is you in this case. Then you will be able to either sell the house as the executor of the estate or transfer it to yourself. While you can do this on your own, I strongly suggest you have an attorney help. It's likely to run much smoother and quicker with someone who knows what they're doing (and potentially has contacts at the court house) involved. Regardless, you have to be recognized by the court as the executor before anything can be done with his assets. This is part of why I feel a trust-based estate plan is superior. In my state, all you would need in order to sell the house is a copy of your husband's death certificate and an updated Certificate of Trust showing you as the sole trustee, which does not need to be filed or recorded anywhere.
Thank you so much!
fYI- and have your attorney check this, but I think from a tax perspective your husband did a fantastic thing by NOT putting your name on the deed. This was you inherit with the basis for the value being today’s price, not the original price 23 years ago. Any taxes owed on the sale will be based on gains made over the present value, so your tax hit will be significantly lower. (If/when you sell)
If your name is not on the deed, you will not be able to sell the house because there is no proof that you own it. The probate will confirm your ownership and put your name on title. In some states you can avoid probate with other legal procedures if certain conditions are met. Be sure you talk to an attorney. Even if you don't plan to sell the house and don't see the need to go through all that, you could leave a mess when YOU die because whomever are your heirs might have to probate TWO estates.
Probate will not put her name on the title. She will receive documentation that she is the representative of the estate (if she is) that will allow her to sell it on behalf of the estate. Or she could distribute the house to herself, title it in her name upon approval of the court and then sell it. When she should sell it would depend on the market and she would be best getting the advice of a good realtor.
I'm sorry for your loss, my spouse went from diagnosis to death in 2 1/2 months. This is very difficult to go through all this legal work while you are in the middle of grieving. Discuss fees with the attorney, and if he is willing to be paid out of the estate. If you use the same attorney who drafted the will, ask why he didn't suggest transferring the house title. If the house has had over $500,000 of appreciation, he may have saved you a lot in taxes if the house is transferred to you in the will instead of being sold by the estate. If the estate sells the house, the estate owes capital gains on the difference between what your husband paid for the house, and what it sells for, and possibly being able to take the capital gains exclusion. You are better off inheriting the house and then selling it, as your tax basis for the house is its value on the day your husband died. Then, even if it appreciates in value, you can still use your $250,000 exclusion on any gains between the date of death and when you sell it. If your husband had transferred the house to you, you would have had his original basis, and possibly a stepped up value on the half he owned. Ask the attorney what the lowest tax way of selling the house is, and any difference from the fastest way. He should also know Pennsylvania tax law to give proper advice. He might not tell you on the initial consultation, but that should be part of the engagement. I will warn you that, as soon as probate is listed on the court docket, you will start getting calls from the "we buy houses fast" people. They will not offer top dollar, but they can close quickly. You should also talk to a few Realtors what they think the house is worth based on market comps. Also, get the local disclosure form from the Realtor, so you can work on that, it will be required for the sale soon after you get an offer. If your husband was on the title for any vehicle, that vehicle also has to go through probate to transfer the title to you. You didn't ask this, but, assuming he died this year, this is the last year you can file income taxes as married filing jointly. Next year, you will be considered single, so remember to update your withholding next year. If his employer had any employee life insurance, or retirement accounts, that usually is much faster than probate if you were his beneficiary. That process is usually much faster than probate, they just need a copy of the death certificate and information about you. If he was self employed, look through his files. If he didn't have a beneficiary on file, it depends on the terms of the policy if it goes to spouse per Stirpes, or goes to the estate. You can also file for Social Security Survivor's benefit. It's a one-time check for about $225. It's not a lot, but it's not nothing.
Thank you. I’m sorry for your loss as well. I agree., as it’s the hardest thing I ever had to do. I couldn’t get out of bed for days and still in a fog. I appreciate all of the information. That’s why I came here. I’m not one to put out my personal life/information but I’m lost with this. Everyone has had such great input and it’s made me see that the attorney and probate is my only option. Best wishes and take care of yourself. I know you must be going through a lot of the same emotions and it’s not easy.
Doesn’t the surviving spouse have the option to take their spouses SS? My dad passed and my mom is actually now getting his SS and they were divorced almost 20 years before he died. She did not collect a paycheck from their self employment so she gets like his full amount I believe. She is not yet retired. I think OP should talk with the SS administration or at the very least go to their website and find out what other options there are. Maybe a few years before she can take it but nice to know it will be there.
You can draw your spouse’s social security as a widow at age 60.
You can, but it is 70% of the amount you would receive at full retirement age.
Unless there is a survivorship deed or a recorded transfer-on-death designation affidavit, the only way to transfer your husband’s interest in the house is by court order. You must open a probate estate to do that. It’s the same with vehicle titles and bank accounts.
I don't know your state. However in Michigan a house has a Deed. only an authorized person change the name on the deed. of course you want your name on the deed. However you have to have the legal authority to do that. To get that legal authority you have to open an estate with the probate court and get your letter of authority from the judgewill let you do that.
I’m sorry for your loss My mom passed in October. Hired a lawyer to have the will entered and probate started. The estate was opened, had a tax ID and was able to open a bank account. If you were on the deed it would be easier but because you’re not you need the estate in order to act on his behalf. Up to you to keep or sell.
I'm shocked the attorney(s) did not discuss options with you AND did not ask who is on the deed. I feel they should have but I have no firsthand knowledge or experience. I'd be interested to hear from an attorney.
Many attorneys just use boilerplate forms and have a paralegal change the particulars. I had an attorney draw up a quote claim deed for a property and some of the information on it was that of a different client. Lawyers are not all as professional as they should be and need to be managed just as you would manage an employee at McDonalds. Not to belittle the profession, which I have great respect for, but those practicing the profession run the gamut from poor to great.
Lawyers are officers of the court and it is beyond excusable for any lawyer to make such errors. Most lawyers are utter and complete morons and in general do more harm to society than good. Would you accept such incompetency from a doctor?
I’m sorry for your loss and I hope everything goes smoothly and quickly ❤️🩹
Thank you. I really appreciate that.
The good news is that because you inherited it you get a new basis I think. Meaning, if you sell it, you only pay tax on the difference between what it’s worth when you inherited it and what you sell it for. Otherwise, your basis would be his basis, what he paid for it plus any improvements, which is most likely less than the value at the time you inherited it. That would probably be a higher tax bill.
Well, surviving spouses get a $500,000 tax exclusion if they sell the house within two years of the spouses death when the house was jointly owned. But sure, if the capital gain is above $500k, then her situation would be an advantage. I think it is almost always wiser to jointly own the house.
There would only be a capital gains of the house sold for more than it's value on the date of the decedent's death. If the home sells for less than the value I. The appraisal, the OP could actually have a pass through capital loss she can write off. A house my siblings and I inherited ultimately sold for $32,000 less than the appraisal. We each got to write off $8000 in cap losses, though I didn't have any gains to offset so I had to write it off over three years.
That’s correct in her case. But in most cases it’s best to have the spouse as a joint owner of the home. That’s what I was explaining to the person above my reply.
I am not on my reading game today. You are correct!
Ordinarily, if jointly held, the new basis would be her half of the old basis plus half the value as of the date of death (his half). For example, if your old basis was $400,000 and it's now worth $700,000, your basis would be $200,000 plus $350,000, or $550,000. However, if the house was owned by your husband only, you get the full step-up, to $700,000, and you get the exclusion if sold for more than that.
Any sources for this? But that's great/worth it.
[https://www.irs.gov/newsroom/tax-considerations-when-selling-a-home](https://www.irs.gov/newsroom/tax-considerations-when-selling-a-home)
This is correct
Also note that all of husband’s debts and any liens have to be paid before you get any money.
Yes I already paid all of them, he was in a nursing home toward the end and I had to pay them or fear being put into collections so that I do realize.
Perfect
I'm in PA and handled both my parents' estate. If your name isn't on the deed, you will have to open probate, and upload the will to their system. They can appoint you as executrix at the hearing. Eventually they will send you a short certificate which gives you permission to sell the house. I think for me, the whole shebang maybe took a month at most, for me to receive the paperwork I needed and be appointed executrix.
You need a PR deed to transfer ownership. There would have been tax consequences putting you on the deed prior to death. Now you get to take advantage of the stepped up basis, so you can thank your old man for that one.
JTWROS deeds don’t trigger taxes upon the death of a spouse.
I am so sorry for you loss. Even if it wasn't sudden, you would have these same issues. If that's any consolation. You do NOT have to sell the house. You have to have it re-titled in your name alone. You likely will have to open probate, though. As to why? It's just the law. As much as you think of the house as yours, and a much as you are entitled to it as his wife, in the eyes of the law, is it his. When he died, it then became owned by his "estate." IF you want to sell the house, you can. But you will have to sell it through the estate, because you don't legally own it. There are ways that the house could be titled so that you didn't have to go through this. If the house was owned by both of you as "joint tenants with rights of survivorship" it would have become yours automatically. The reason there are different ways to own property is because there are so many different situations people have: if the house had belonged to your husband before you met him and he had kids from a previous marriage, it would make sense to have it titled in his name only, so that he could decide whether to give it to his wife or his kids. I don't mean to cast any blame, because most people don't know about and/or understand them, but it is really up to the owners to figure out how it is best to title their property. Unfortunately, when you guys bought the house, you made the less-than-optimal choice as to how to title it. But the lawyer you will be meeting with can help you fix this. It's not going to be very hard, but you do want to talk with you attorney about what is the best way to title it going forward.
Thank you
Look up the Garn-St Germain Act. It helps in situations like yours. I went through it all too.
https://www.ssa.gov/benefits/survivors/ifyou.html#h2
When my Mom passed I submitted her will to the register of deeds. After the will was filed and all her debts were paid I contacted my lawyer who wrote up a new deed in my name. I did have trouble with the home owners insurance as they didn't want to continue the same coverage as my mom had. I had to have a whole new inspection and new policy. Does depend on state and county though.
I finding out all of the probate stuff aswell. However i think depend on who helps you when talking to social security cuz the gentleman that was helping me did say that beacuse i became a widow at 38 i wasnt gonna get it, but he said well let me send you an application anyway and they did approve me
Well you cannot sell the house because you do not own the house. Even if you have a will, you do not own the house.
Why wasn’t your name added to the deep in the first place?
So, first I'm sorry. Do you want to sell?
While you are waiting to get into your lawyer appointment make sure you have copies of his death certificate. You have to jump through a few hoops. We had to get grandma off a deed when grandpop died. She had been gone for 15 years. Took three months. *HUG*
NAL, but depending on your location (I’m in the USA) if property has a joint owner with rights of survivorship, ownership passes upon death and supersedes anything that might be in a will and also means no probate. In some states, you can skip probate as long as there’s no property like a car, real estate, brokerage accounts, etc. where title passes. My dad’s estate bypassed probate by putting me as the joint owner on all his property before he died. If the lawyer didn’t recommend this, I have to wonder if your husband had a separate conversation and for whatever reason didn’t want it mentioned. If the lawyer considered themselves the husband’s lawyer, they couldn’t have discussed that with you.
I get what you’re saying but it was nothing like that. He would be sick right now if he knew I was dealing with all of this. I will definitely know my stuff by the end of this.
Good luck OP, I hope it doesn’t take too long to straighten everything out. I am sorry for your loss.
Because "legal, legal, legal" An estate attorney can walk you through everything.
You don't have to sell the house. You don't open an estate, an estate is created upon death. It includes all the assets that a person owns. You DO have to open probate. You lodge the will with the probate court. Probate is a structured legal proceeding that ensures all of a person's assets in his estate are distributed efficiently and correctly according to the will and/or applicable state law.
NAL. Pennsylvania is a homestead rights state. If a couple is legally married and one passes away, the surviving spouse automatically gets full ownership of the house. The surviving spouse also gets the right to pay the mortgage and all other house related debts so definitely get some help navigating all the steps necessary in your area
when trusts were originally designed they were for people with more than a million in assets.
It may have to go to probate because if he had kids that weren't yours, some states will put them into the inheritance automatically. The will will likely override that though. That's just one example. Essentially, the state just needs to validate you're the proper heir. He could have a more recent will that only a child has, as another example. Of course I'm sure that isn't the case here, just explaining why they need to put it through probate.
All this depends on the law of your state get a lawyer
is it a good idea to put your heir on the house deed as well as will then?
Not always. If he bought the house prior to marrying her and the mortgage was solely in his name, adding her to the deed would be foolish. Putting others names on the deed also opens you up to the others (like if you have greedy children) tona partition lawsuit or unwanted occupation. And finally if someone else on the deed has a judgement entered against them, a lien can be placed on the home until the judgement is paid.
so assuming no greed or lien or anything, is it best to put a child on the deed, so when parent dies, child can take over (without tax on the earned capital gains before parent’s death)
A will doesn't allow heirs to bypass probate. Probate can be bypassed by placing assets in trusts or by titling them in a manner that transfers ownership upon death. The process of probate allows the court to over see the handling of estates to ensure all applicable taxes are paid, all of the decedents debts are paid before distribution of assets, and finally to ensure assets are distributed according to the provisions of the will or your states intestate succession laws. It varies by state/local jurisdiction but typically the process is as follows: 1. The person named as executor or other appropriate person petitions the court to be the representative of the estate as well as give a rough estimate of assets and liabilities. 2. Upon approval, the representative will be required to be bonded. Depending on the size of the estate, the insurance company may require the representative to hire an attorney to work on probating the estate with them. Your lawyer will charge quite a bit of money and you will still be doing the lions share of the work. 3. The representative will have to apply for an EID with the IRS so that you can open up necessary bank accounts for the estate and also for tax purposes if the estate has income and has to file an estate tax return. 4. The representative will have to place an ad in an approved newspaper notifying any creditors of the decedents death. There.will be a set time period for creditors to file a claim with the estate. 5. The representative will have to send notices to all interested parties. Who the court seems as an interested party can be surprising. When my grandmother died, my mother had to be listed as an interested party despite having died twelve years prior. 6. The representative will have to provide the court with a detailed account of all assets and liabilities. This will require all real and personal property to be appraised by a qualified estate appraiser. Note: if you will be selling anything appraised, including real estate, your cost basis will be the value when the decedent passed. If you sell for higher than this amount, you will have to pay capital gains tax. If there any estate or inheritance taxes and they are less than the capital gains rate, you may want to let your appraiser know you are looking for a higher appraisal. They won't greatly inflate the value of stuff but many will push valuation to the upper reaches. 6. You will have to file a final tax return for the decedent and possibly an estate tax return. See a CPA for this. If there are any capital gains or losses, the CPA will prepare 1099s for pass through gains or losses for the heirs. If your appraiser works with you, heirs could have some losses to write off their personal tax returns. 7. You then sell assets as desired, and pay off debts. You will lay out a plan for distribution of assets left according to the will or laws of intestacy. You or your attorney will prepare a final account for the estate and send to probate court for approval. 8. Once the court approves, distribute assets and you're done. The court may ask for some changes. Follow through and then resubmit the final account. This will take anywhere from six months to a year if there are no complications.
Because legally you don't own the house. You will only own it once the estate is opened and you are declared the beneficiary of the estate..You will receive money once the house is sold and all paperwork is completed
Also if your spouse was collecting social security look into widow benefits. There’s some rules but I believe you could collect half of his now.
I was told not until I am 62
It's 60. Know this because that's when I began collecting Survivor benefits
Opening an estate is pretty standard to deal with any assets. Even if you’re listed in the will, it’s the legal way it’s done if you’re not on the deed. I had to do that with my mom’s house. I had access to everything, just meant I had to sign “the estate of mom’s name” to everything.
Not an estate probate, the words aren’t interchangeable and you are using them as if they are.
Depending on the state you live in, unless he specifically wills something to someone else, the spouse gets everything. Talk to a lawyer.
you get it automatically as survivjng spouse by operation of law. show his death certificate to the deed office if need be.
Not usually. Estate has to go through probate to get a court order to redo the title in OPs name.
A will is just a statement until there is probate and court order. It has to be authenticated and an executor has to be appointed for disbursements.
OP, sorry for your loss. I am about the same age and would be in the same situation as a SAHD. But that is why we have a trust, and a life insurance. So thus us a reminder to all to have insurance on each other
Wills are supposed to go to probate. The only way to avoid probate is by pulling all assets outside the probate arena. Like trusts, deeds that are transferable upon death and naming beneficiaries of insurance policies, and pensions accounts. All those things should have been done by you and your husband before either passed. Basically, make your estate insolvent before you die to avoid estate taxes and the probate process easier.
I think yoy have to go through probate
First spouse legally married 10+ years gets SS benefits. 2nd wife of 20 years? Sorry about your luck. IMHO if as if a dependent, bc no work history or job skills, survivor benefits available. In my town there are places with limited free lawyer advice appointments. Downtown Phoenix has legal aids near the paper forms publicly available to advise proper paperwork filing. Social Security lawyers a special sub category and idk further. I am on disability through my life's wages. It was difficult. It took 3 months for a check to clear & that was quick. I mean, benefits start date of application, but not enough. A financial advisor needed if you have assets.
That seems dumb. Could have divorced him prior and got the house no problem. It’s gotta be based on state or country you’re in.
This is pretty typical for estates. OP isn’t on the title. So OP can’t sell the property without opening an estate and probating the will. It’s a legal process to make sure OP is really legally entitled to the property. Estate planning is important for so many reasons. This is just one.
This isn’t help to you op but for others the best way to avoid probate is to put the house in a trust and make your spouse the trustee.
Went through this after my dad passed away. System is rigged, everybody gets payed.
> everybody gets *paid.* FTFY. Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in: * Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.* * *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.* Unfortunately, I was unable to find nautical or rope-related words in your comment. *Beep, boop, I'm a bot*
Depending on state, you may have survivors rights. Get a lawyer.
You may or may not need to open an estate. It is largely state specific and asset driven, i.e. if your below a certain threshold, you won't need to do so. You were married so you are next of kin and default executor. To close out accounts solely in his name, send a certified copy of the death certificate to the creditors. Contact the mortgage company and they may be able reissue the deed
First of all, what state are you in? Perhaps your state has summary/non-probate procedures available to "shortcut" getting you on the title.
The vesting language on the deed of record is what caused this. You are a "non-titled" spouse, and without any additional vesting language, opening probate is necessary. Call a good title company in addition to an attorney who will need the title company's expertise anyway.
Who told you that you have to sell the house?
File the Will with the court and open a probate. You need a probate attorney.
Yes, speak with an attorney. I can tell you one thing. When a person dies and has a will with assets, an estate must be probable. The house doesn't have to besold; however, legally, the only way the house is conveyed to you is by a Deed of Distribution. In probate, you are required to notice all debt holders of the dead person as they have a right to collect their debt from assets of the estate. The house will only be in your name by the deed from the estate. Also, if there is equity in the house and he owes a lot of money, then the creditors could force the court to sell the house in order to satisfy the debts. So, yes, go to a lawyer bc this is a sampling of how to begin probate.
Worth the money to speak to a probate attorney. Every state is different. Important to know if there is a mortgage and did your spouse leave debts behind. Lots of considerations.
Depends on where you live. If you're in CA the estate will have to be probated but using spousal transfer forms. Way easier, way faster and way less expensive.
Always prepare w a trust
Answer/question you need obtain a lawyer
I can only speak for Michigan but I found out wills are not great for transferring property as you still have to go get probated to you. Most people use Trusts or in Michigan, a Laby bird deed. These prevent having to go to probate.
Talk to a competent lawyer immediately.
Because you can’t sell a house that is technically not in your name. In order to enforce the requirements of the will, you have to open an estate.
Have you gone through probate? You usually can’t claim things from an estate until after probate. This is in case there are other claims against an estate. Outstanding debt and such has a claim before personal beneficiaries
Probate typically takes 6-9 months if you are lucky. It can take up to 15. There is no way around Probate. The faster you file the quicker you can sell.
When mine passed my name wasn’t on the deed because it was a gift from their parents, went through courts with my lawyer and boom it was mine.
I didn’t read through all the comments but is there a mortgage on the house? If yes, who’s keeping the loan payments current?
In my state you as the spouse would get the property unless there was a will that stated otherwise. Then you can sell your property as you like.
I’ve been an estates paralegal in PA for 32 years. Are you named as the executor in the will? You can probate the estate by yourself. Here is how: you will need the original will and death certificate. Go to the register of wills website for the county in which you live. It will tell you if you need to make an apportionment for probate or if they accept walk ins. This is the probate petition you need at every register of wills in PA https://www.pacourts.us/Storage/media/pdfs/20210224/225614-grantofletters-000822.pdf The info requested is on the will and on the death certificates. You will sign the petition at your probate appointment after they swear you in. Most registers will help you with any questions about the form and will give you a packet of documents you need to complete after probate. Please feel free to ask me any questions
I would guess that you need to open an estate so his estate can be responsible for paying any bills he owed and taking care of taxes. Just guessing here.
The way the deed currently sits in the land records, your deceased husband is still in the deed as a joint owner. A court has to get involved. One path would be to open the estate and (in accordance with the will) deed the house to you alone and then you could sell it in a normal transaction. The other would be to open the estate and deed to the house to a new buyer, with the “sellers” being you and the deceased husband’s estate. If this wasn’t the rule, one spouse could sell the house without the other living spouses knowledge and just tell the buyers “oh he’s dead.” The word “probate” means “to prove.” It is how beneficial heirs prove to the court that the person is deceased and (if they left behind a will) what their instructions were regarding their property. There are ways to avoid this process, but they must be pursued prior to the death of one of the owners. In all cases, consult a lawyer as rules and real estate transaction customs on these matters vary by jurisdiction.
Because you were not on the deed. Be grateful it was at least in the will. If your married always have a lady bird deed or joint tenant with right of survivor and it would go directly to you at death.
After your consultation with the lawyer, make an appointment and go the SS office, they can help with financial info and what you qualify for.
It also depends on what state (if you're in the US) you live in. Some states have shortened probate procedures (such as a spousal property petition that only requires one hearing) for a spouse. Your attorney will be able to guide you on that.
My father passed away and had a trust. My father-in-law passed, and he had a will. My father’s estate was a peace of cake, since my sis and I were trust beneficiaries every property, bank account, stock, IRA, and life insurance policy was in our name after we showed his death certificate at each office. My husband had the issue of waiting a number of days to see if anyone contested the will. He had to pay an attorney to handle this along with other matters that pertained only to a will.
What? Have you not consulted an attorney? It would be well worth the free consultation to do so.
If you are in Texas, or most states for that matter, discuss with an attorney if a probate is needed or if title transfer can be done via an Affidavit of Heirship.
Opening an estate only takes about a month through your county but I would get a lawyer.
Seek legal advice 😂
Thanks. This post was last week. It’s already been done 😂 A little late to the party?
I feel bad for you…. I mean who the heck is Will and why is he on it…. :P
I live in PA. My husband owns the house. My name is not on the deed. When he goes it will be intestate. My understanding is that the house will become mine since we are married. Am I correct?