Do I need a solicitor when my husband dies?

Do you need a solicitor Many executors and administrators act without a solicitor. However, if the estate is complicated, it is best to get legal advice. You should always get legal advice if, for example: the terms of a will are not clear.

Do you have rights over a deceased spouse’s estate?

Depending on the state, a widow may receive a life estate or other interest in the marital homestead. This often does not require going through the probate process. Widows have rights over their deceased spouse’s estate.

Can a deceased spouse claim less than the legally determined amount?

If the deceased spouse chose to leave less than the state’s mandated inheritance right, the surviving spouse may claim in court the legally determined amount. Note that this requires action from the surviving spouse; if she does not claim the legally determined amount in a court proceeding, the court follows the terms of the will.

Do you need a lawyer when you are the executor of an estate?

I’m The Executor – Do I Need to Hire a Lawyer? Many executors are able to wrap up an estate themselves, without hiring a probate lawyer. Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who’s familiar with local probate procedure .

Can a widow override a deceased spouse’s will?

Although courts generally favor following the wishes of a decedent expressed in his will, state law may override the terms of the will, establishing a minimum the surviving spouse can inherit. In addition, if the deceased dies without a will, known as dying intestate, state law establishes a widow’s rights over the deceased spouse’s estate.

Can a spouse be responsible for a deceased spouse’s debt?

If state law requires a spouse to pay a particular type of debt. If state law requires the executor or administrator of the deceased person’s estate to pay an outstanding bill out of property that was jointly owned by the surviving and deceased spouse.

Depending on the state, a widow may receive a life estate or other interest in the marital homestead. This often does not require going through the probate process. Widows have rights over their deceased spouse’s estate.

What should a wife do if her husband dies?

The wife must use the same type of deed that was used to convey the title to her and her deceased husband. If you cannot ensure the property is free from claims or defects, complete a quit claim deed.

I’m The Executor – Do I Need to Hire a Lawyer? Many executors are able to wrap up an estate themselves, without hiring a probate lawyer. Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who’s familiar with local probate procedure .