I live in Michigan and I've talked with many lawyers and never get the same answer to my question..It's been 8yrs since my wife passed and my life is still in limbo...My wife called the mortgage company before her death to tell them she wanted me to have the house yet I can't sell without going thru probate and every lawyer has a different take on what I need to do and how much it will cost up front and how long it will take.When you've been married for over 30yrs life should not be this complicated...I'm just frustrated with the whole process. This is my money 💰 I worked for not these judges & lawyers.
Try using a Michigan lawyer who focuses on probate. You don't say how title was held when you wife died. Depending on the title, you may need to do probate or there may be a court proceeding that allows you to avoid probate.
Is there a difference between “Date of Separation” listed on the ??? and an “order that set the legal date of separation”? Is this the same date? Or are they two different dates based upon having/requiring a set order? Is an order required to have a legal separation date? Great videos!!
The date of separation is stated in a court order. It is possible the the order won't be entered the same day it is signed. The date stated in the order is the date of legal separation.
my dad died 20 months ago in ca…no will…done on purpose…step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡
my mom married her husband who had inheritance in land with many of his family members left by the grandad. is my mom entitled to any heir in the property? she has been living on the land since marriage for 40 years. the location is in NC.
Is "joint tenancy" and "joint tenancy with right of survivorship" the same thing? I hear both terms and I wonder if they're interchangeable or they're different.
Joint tenancy is a shortened form of joint tenancy with right of survivorship. The failure to include "with right of survivorship" can create problems in some situations. It is better to use the full term.
We are not sure we entirely understand your question. The stepmom is a spouse so everything in our video applies. If the deceased spouse's property is his or her separate property, then it gets divided between the step mom and the biological kids.
So if a married couple bought and holds their house as community property can the deceased spouse give her 50% portion to someone other than the surviving spouse?
Each spouse can do as they wish with their share. Having said that, make sure you have a will or a trust and title does not give the surviving spouse a right of survivorship.
You will need an executor or administrator in probate. Probate is needed if an asset or assets were held by your spouse in their name alone at the time they died.
my dad died 20 months ago in ca…no will…done on purpose…step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡
my dad died 20 months ago in ca…no will…done on purpose…step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡
Thank you. You cleared the fog.
We are glad the video was helpful.
@@ScottGrossman Do you have offices in Southern California? Need more info thanks..
@@Californiansurfer Yes we do. We have three locations. You can learn more at www.grossmanlaw.net.
I live in Michigan and I've talked with many lawyers and never get the same answer to my question..It's been 8yrs since my wife passed and my life is still in limbo...My wife called the mortgage company before her death to tell them she wanted me to have the house yet I can't sell without going thru probate and every lawyer has a different take on what I need to do and how much it will cost up front and how long it will take.When you've been married for over 30yrs life should not be this complicated...I'm just frustrated with the whole process. This is my money 💰 I worked for not these judges & lawyers.
Try using a Michigan lawyer who focuses on probate. You don't say how title was held when you wife died. Depending on the title, you may need to do probate or there may be a court proceeding that allows you to avoid probate.
Thank u
very good advice my late husband no will 20 years married .thank u if I get my assets n share from him
I exist
Is there a difference between “Date of Separation” listed on the ??? and an “order that set the legal date of separation”? Is this the same date? Or are they two different dates based upon having/requiring a set order? Is an order required to have a legal separation date? Great videos!!
The date of separation is stated in a court order. It is possible the the order won't be entered the same day it is signed. The date stated in the order is the date of legal separation.
my dad died 20 months ago in ca…no will…done on purpose…step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡
my mom married her husband who had inheritance in land with many of his family members left by the grandad. is my mom entitled to any heir in the property? she has been living on the land since marriage for 40 years. the location is in NC.
Sorry, we don't know. We are only licensed in California. You should discuss this with an attorney in North Carolina.
Is "joint tenancy" and "joint tenancy with right of survivorship" the same thing? I hear both terms and I wonder if they're interchangeable or they're different.
Joint tenancy is a shortened form of joint tenancy with right of survivorship. The failure to include "with right of survivorship" can create problems in some situations. It is better to use the full term.
Thsnks. So if a deed for a property in CA only says "..as joint tenancy." does that imply joint tenancy with right to survivorship?
@@jcamellion Yes, it does.
What about common law spouse in Colorado? Dose she get any claims?
That's a good question and is governed by Colorado law. We strongly suggest you consult an attorney in Colorado.
What if it’s step moms and biological kids. No will or beneficiaries or joint account. Not even 2 years of marriage
We are not sure we entirely understand your question. The stepmom is a spouse so everything in our video applies. If the deceased spouse's property is his or her separate property, then it gets divided between the step mom and the biological kids.
So if a married couple bought and holds their house as community property can the deceased spouse give her 50% portion to someone other than the surviving spouse?
Each spouse can do as they wish with their share. Having said that, make sure you have a will or a trust and title does not give the surviving spouse a right of survivorship.
@@TheGrossmanLawFirm Thanks for the answer. The title reads; "husband and wife as joint tenants". Should we re-title it? Thx
@@Rixdog01 That is something to discuss with an estate planning attorney.
@@TheGrossmanLawFirm Thanks. Will do.
Hi I want to know why would I need executive I'm spouse
I have joint of account. Property I'm have owners ship trust
You will need an executor or administrator in probate. Probate is needed if an asset or assets were held by your spouse in their name alone at the time they died.
If the account was held jointly then there is no need for probate. You are the owner as as result of your spouse's death.
Do spouse do bond waiver all so
The spouse only needs to post bond, or get a bond waiver, if probate is filed.
Goods filed probat I was appointed to administer estate wasn't sure bondwaiver thank you
my dad died 20 months ago in ca…no will…done on purpose…step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡
my dad died 20 months ago in ca…no will…done on purpose…step mom name with his name on all his properties and accounts…are his biological kids entitled to anything…she tells us “sorry but no will can’t help ya”😡
No will doesn’t means she gets everything talk to a lawyer