How do we avoid probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do we avoid probate?
This is in a community property state. Wife dies has 2 grown children and there was no Will. There is no money so the community had to pay for the funeral. There is a home valued at $30,000 and the children want $8,000 each. How can he do this without going through the time and expense of probate?
Asked on April 23, 2013 under Estate Planning, Louisiana
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
You can't avoid probate entirely. Consult a probate lawyer to assist you in filing a petition into probate court supported by a small estate affidavit, a very short process, so you cann get the title into your names, to be able to sell the property and divide the proceeds.
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.