Archive for December 30th, 2009
do you have to probate a will if the deceased belongings do not add up to $5,000?
Angel22 asked:
My husbands father passed away, and left every thing he owned to my husband. When he passed away owed money to a finance company. I don’t think he has enough money in his bank account to take care of the debit. So would my husband and I be liable to pay his debit out of our pocket?
Jacinto Quails
My husbands father passed away, and left every thing he owned to my husband. When he passed away owed money to a finance company. I don’t think he has enough money in his bank account to take care of the debit. So would my husband and I be liable to pay his debit out of our pocket?
Jacinto Quails
NYS – Need to file in probate court if my father passed away without a will, but held all property jointly?
Little Neck Cyn asked:
My father passed away 6 months ago without filing a will. He and I held the house jointly (we live in New York city, Queens county, specifically), and all of his other accounts were held jointly with my mother. The mortgage and the car are probably the only things that are specifically in his name (and the mortgage may actually list me as a co-borrower – the bank and I are hashing that out). The mortgage was his only debt – do we still need to file in probate court? Or can I just file for a letter of administration? There’s no disagreement among the heirs about who gets what (we all live together, and there’s really nothing to distribute). Also, is there any sort of time limit as to when everything needs to get filed and done?
Dong Handwerk
My father passed away 6 months ago without filing a will. He and I held the house jointly (we live in New York city, Queens county, specifically), and all of his other accounts were held jointly with my mother. The mortgage and the car are probably the only things that are specifically in his name (and the mortgage may actually list me as a co-borrower – the bank and I are hashing that out). The mortgage was his only debt – do we still need to file in probate court? Or can I just file for a letter of administration? There’s no disagreement among the heirs about who gets what (we all live together, and there’s really nothing to distribute). Also, is there any sort of time limit as to when everything needs to get filed and done?
Dong Handwerk

