In New York, when the widow dies, a will to probate assets must goto?

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There are no mortgages, car loans or credit card debt. No money, thanks to someone.
I’m refianancing my mortgage, loans, and the combination of 2 was told today I need up to $ 2,500 at closing because of these stamps have.

4 Comments
  1. Reply
    westwindsraider
    February 20, 2011 at 6:01 am

    Considering what you have at stake here, you’d be better off asking a real attorney in your state rather than a bunch of “Yahoos”.

    Wills do nothing to avoid probate, they just direct traffic so to speak so that a judge doesn’t have to do 100% of the work determining who is due what after someone passes.

    In this case, probate will be very simple and incur minimal fees. An inexpensive bond can be posted and the estate completely liquidated prior to the probate time period running its course.

    If the widow didn’t want to have her estate probated she could have taken care of that easily right up to the time of death. Hers was the decision to go through probate or not and now she’s not around to handle the aggravation, time, small expense, etc. I say small expense depending on the size of the estate. If it is very large then her negligence could cost her heirs big-time.

  2. Reply
    tonalc2
    February 20, 2011 at 6:58 am

    There are ways around probate, including revocable living trust, pay on death accounts, etc. Without those, yes, it goes to probate.

    More info:
    http://www.nolo.com/article.cfm/objectId/EC0C33D5-1A74-4312-9C7BC3B408297398/catID/9F594B71-B41B-4513-923BF19B4D9ACDAA/309/227/ART/

  3. Reply
    src50
    February 20, 2011 at 7:08 am

    Yes. All estates have to be probated.

  4. Reply
    J M
    February 20, 2011 at 7:39 am

    It’s a percentage that is paid to the local government at closing. Usually 1/2 to 1 percent of the selling price.

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