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re: Why have a will?

Posted on 7/13/19 at 7:56 pm to
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 7/13/19 at 7:56 pm to
quote:

Why do they have to give affidavits again?



Some facts are still missing, but sounds like maybe the deceased husband's name is still on the deed for the house. But that should have been cleared up by the closing agent.

No idea why a will is involved, unless the deceased husband's will was probated when he died. In most cases that doesn't happen, and all assets just transfer to the spouse automatically. Her will is only a concern after she dies, as far as I know.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
90913 posts
Posted on 7/13/19 at 8:03 pm to
quote:

But that should have been cleared up by the closing agent.



This does smack of some CYA by somebody. Maybe the title insurance issuer? Not sure about the vagaries of George real estate/probate/succession law, but none of the OP's understanding of the issue is either complete or on point.

And to the original point - she's not giving her assets to her heirs, she sold them. And having a will or not appears irrelevant to why these folks are getting affadavits (or whatever these are) executed (based on the facts at hand).

An in vivo transfer has nothing to do with a will.
This post was edited on 7/13/19 at 8:05 pm
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