If my son and I can't find my husband's will, does it really make any difference legally since my son and I will be left everything?

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Are all your husband's assets titled jointly with you and your son? Is your husband alive, and if so, does he know where the Will is? If not, do you know the name of the attorney/law firm that prepared it?
Top Answer
Brrooklynborn, if you cannot find a Will nor the name of the Attorney who drew up that Will, then the County Probate Court Judge will decide who gets what. In some States, the wife will get everything. In other States the wife will get a certain percentage, and the children another percentage, unless the accounts and titles are held jointly.

Hope this all works out well for you.
I'd consult with an attorney. I'd ask about whether there needs to be probate, if all assets are titled jointly with right of survivorship and there is no Will. Some people can avoid probate, under certain circumstances. An Elder Law attorney should be able to guide you on it.
Its going to be interdependent on your states probate & property laws & really you need an atty to do correctly. Often If they die “intestate”, could be that without a valid will, all assets escheat to the state and you would have to show lineal heirship that your heir and get assets transferred. You’ll need an atty who does lineal.

I’d bet your co courthouse has FAQs & other info on its website as to how to proceed. If your really wanting to find an atty, ask around or drill down in records for probate court judges filings (their open records) and find the names of law firms that come up the most and schedule an apppt with a couple to find one that fits best for your situation. Please though be mindful of time as state may have a set period of time in which probate must be opened.
I went to see an elder care lawyer recently about a will and POA. It was kind of sad, and funny, because he told me that I really didn't have enough assets to need a will. My bank accounts, savings, retirement accounts and life insurance already had my children as beneficiaries and I hadn't paid off my house yet (had to rebuild after Hurricane Katrina), so I couldn't will them that. Oh well. Saved myself $1,000 dollars.
Treeartist, I hope you got a Power of Attorney, that in itself is very important.

My parents had everything in joint names, so if one passed, the other got all the assets. Their Elder Law Attorney also advised them to update their Will, update their Power of Attorney.

And do an Advanced Medical Directive or a Living Will which lets everyone know their wishes once they became ill on what medical measures they would want, and their final wishes regarding burial. I know the medical Power of Attorney can decide for you, but it makes life much easier if the POA has legal documents to use as a guide.

I am really surprised that the Attorney didn't give any recommendation regarding the house. Now a days houses are rarely paid off, yet said houses are placed in Wills so that the family knows who will get the house.

There is equity in the house that can be split if the house is sold, or if the children want to keep paying down the mortgage. Houses are an investment, the value hopefully will go up over the years. You don't want it to be "Mom/Dad said I could have the house" and another say "No, Mom/Dad said the house is mine". Something to think about.
You know, I asked him about the equity, and he said you couldn't will a home that you didn't own and that you can't will equity. He did offer to do the POA and said my doctor would provide the Living Will and Advanced Directive. He didn't charge for this advice.

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