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probate is only bad if you have contentious crap bag family who are going to flight tooth and nail over grand dads extensive estate because he was filthy rich.
That is why you have a detailed will and someone you trust to execute it. The executor can be your lawyer.
I did the Probate of my wife's will here in SC. Though it was clear all was left to me and no one was objecting, it took almost a year. Granted I did not push the issue. Lawyer friend said the wheels only turn so fast and he would have been able to do so in 3-4 months.
I know this is an old thread, but want to chime in that in some states, if you are married and die without a will, your spouse does not inherit everything. The spouse gets half and the other half is split between the children. My mother died unexpectedly when she was 52,intestate. I ended up with some of her AT&T stock which I sold and used as a down payment on my first house. Nearly 40 years and 7 houses later, that money is still part of my real estate equity. I think she would approve.
Talk with a lawyer in your state but usually if a spouse passes with no will everything automatically goes to surviving spouse. You may have to do probate on the house, but that is usually just to clear the deed.
no , most states do not pass everything to the spouse . Most states' probate law divides property among a surviving spouse and the children of the deceased
A friend of ours has a house in probate, what exactly does this mean. I know the reason why its in probate but what implication does this have on them?
It depends on whether the property is in a state where the home is protected from unsecured creditors. The exception to that protection would be liens against the property and federal taxes.
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