What to do if my wife died without a Will and the only estate is our paid off home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my wife died without a Will and the only estate is our paid off home?
I cannot borrow on the home for improvements because she is still listed on the deed. She passed away 2 years ago. I have consulted one attorney and he quoted me $2,500 to probate the estate. Is this a reasonable price for a probate? I live in a community property state.
Asked on August 14, 2013 under Estate Planning, Texas
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
If you and your wife are on the deed as joint tenants with right of survivorship or as tenants by the entirety, you do not have to probate the estate. The property would pass to you automatically upon her death. Otherwise, you have to put her estate through probate. The amount of legal fees varies quite a bit across the country, so I cannot say whether the attorney's quote was reasonable. I can only suggest getting a quote from a second or third attorney in your area and comparing the fees.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.