If my husband and I were not married at the time we purchased our house, do I have to go through probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband and I were not married at the time we purchased our house, do I have to go through probate?
He has passed away and I have sold the house. However the deed still has my maiden name and his name on it. He had a will leaving everything to me. The bank papers for the property list our married names. Now they say in order to close on the sale of the home, I have to go through probate due to the maiden name on the deed. Is this correct? Do I need an expensive attorney I can’t afford to do this?
Asked on May 29, 2012 under Estate Planning, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. The issue is how you legally held the house not your maiden name. If you held the house with "rights of survivorship" then you inherited the property automatically upon his death. Husband's and wives hold that way under the law. If the deed does not state that then you need to file a probate proceeding and be appointed as the executor to transfer the house. Depending upon the value and your state law you may be able to do that failry easily and with out great expense. Check your local bar association for helpful booklets, etc. Good luck.
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.