QUESTION

What if a will is not probated and there may be property involved from ones deceased spouse

Asked on Nov 22nd, 2014 on Estate Litigation - New Jersey
More details to this question:
parent left his estate to his children with 1 daughter right to life in house until she passes. 1 brother passes away and we think he willed his share to his spouse. Spouse passes away but lawyer does not file her will. This brother and spouse lived in Florida.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If the brother passed away, there may not have been a need to file his will if he owned everything jointly with his wife.  The decision not to probate the brother's wll may have been done without condering the other property.  Another answer may be that when the parents died, and lef the property to his children with life rights for one daughter, the ownership of the property might have been changed so that when the brother died, his rights passed to the other siblings.  you should get a copy of the deed to the parents property and see if the surviving siblings get the property. 
Answered on Nov 24th, 2014 at 5:21 AM

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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