Will My Husband’s Assets Go Through Probate When He Dies?

Question from Peaches, Will My Husband’s Assets Go Through Probate When He Dies?

Answer from AI:

When someone dies without a will, they are said to have died “intestate.” In the United States, each state has its own intestacy laws that determine how the deceased’s assets are distributed. Here’s a general overview of what might happen to your husband’s assets if he dies without a will, focusing on real estate and separate finances.

Intestate Succession Laws

Intestate succession laws vary by state, but they generally follow a similar pattern. Here are some common principles:

• If the deceased is married but has no children or surviving parents, the spouse often inherits the entire estate.
• If the deceased has siblings, the estate may be divided between the spouse and the siblings.
• Real estate owned jointly with rights of survivorship typically passes directly to the surviving co-owner without going through probate.

For specific state laws, you can refer to resources like the Nolo Intestate Succession State Guide.

Probate Process

Probate is the legal process through which a deceased person’s assets are distributed. Whether your husband’s assets will go through probate depends on several factors:

1. Jointly Owned Property: If your husband and his sister own real estate as joint tenants with rights of survivorship, the property will automatically pass to his sister upon his death, bypassing probate.
2. Separate Finances: Bank accounts and other assets solely in your husband’s name will likely go through probate unless they have designated beneficiaries or are held in a trust.
3. Small Estate Exemptions: Some states have simplified probate procedures for small estates, which can expedite the process.

For more detailed information on the probate process, you can visit the American Bar Association’s Guide to the Probate Process.

Steps to Take

If you are concerned about the probate process and the distribution of your husband’s assets, consider the following steps:

1. Encourage Estate Planning: While your husband may be reluctant to write a will, discussing the benefits of estate planning can help ensure his wishes are honored and simplify the process for survivors.
2. Review Joint Ownership: Verify how the real estate is titled. If it is not held as joint tenants with rights of survivorship, consider changing the title to avoid probate.
3. Designate Beneficiaries: Ensure that all financial accounts have designated beneficiaries to avoid probate.
4. Consult a Legal Professional: Given the complexities of intestate succession and probate laws, consulting with an estate planning attorney can provide personalized advice and help navigate the legal landscape.

When to Seek Legal Advice

Given the complexities and variations in state laws, it is crucial to seek legal advice for personalized guidance. An estate planning attorney can help you understand your rights and options, ensuring that your husband’s assets are distributed according to his wishes and minimizing the probate process.

For more information on finding a qualified attorney, you can visit the American Bar Association’s Lawyer Referral Directory.

Remember, this information is intended to provide a general understanding and should not be considered legal advice. Always consult with a legal professional for specific guidance tailored to your situation.