QUESTION

My mother and father own a house and a small commercial property. My mother passed away in 2012. Should I have filed probate paperwork on my mom?

Asked on Mar 17th, 2013 on Estate Planning - New Jersey
More details to this question:
With my father passing this year, I need to go through probate for him. Other than showing a death certificate for my mother, will my not filing for probate on her delay my filing of probate for my tather?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
When your mother passed away, if she and your dad owned the properties jointly, then it all passes to your mother immediately.  After you have probated your father's estate, and you want to either sell the properties or change the deeds you will only need to show your mother's death certificate to prove that  they were married, and title passed to your dad on your mother's death.
Answered on Mar 18th, 2013 at 3:34 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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