Some people think probating a will is too expensive, and decide not to probate it. Here is what can happen.
A man is currently married, but had been married previously, and had children with wife #1, but is now estranged and loses track of them. With wife #2, things have gone much better, they buy a house together and he dearly loves the children he has with her. He makes out a will leaving everything to the current wife. He dies and wife #2 decides that it is too expensive to probate the will. A number of years pass, and she decides to sell the family home to go to a retirement residence. Surprise, when the title company says she has to split the proceeds with the children from wife #1! Why? because if you have a will that is not probated, you have died without a will, and state intestacy rules determine who gets your property.
If your spouse has a will, and you are not sure about probating it, don’t assume anything. Talk to an attorney first.
For questions about wills, probate, and estate planning contact The Law Office of Elliott Klein