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Can property said to be given prior to death but not documented be kept from probate?
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
What else can I help you with?
Are co-ops considered real property for estate taxes in Ohio?
Your local probate attorney can answer your question, given the county where you live.
Can an HOA foreclose on a property in an estate in probate if the decedent was delinquent 9 months of assessments?
Best practices dictate that you enroll the services of your probate attorney to negotiate with the association, with an offer that the past-due assessments be paid as part of the probate settlement. One unfortunate scenario is that the association knew that the decedent was 'dying' and that the property would be 'easy pickings' to foreclose upon, given the delinquency. Although they have none, a moral obligation on the part of the board requires consideration that the property is involved in the probate process.
How long after death to protest a will?
The clock doesn't start at the time of death, it starts running when the Will is presented to the Probate Court. If you are an interested party you will be given notice and that will tell you when you must appear if you wish to contest the Will. Remember that you can't contest just because you don't like how the property is distributed in the Will. There must be a material defect in the Will.
What constitutes an estate in wills and probate?
All of the assets belonging to the deceased. That would include all property rights, personal belongings, money and investment instruments. The Executor also has to include all gifts given in the last two years prior to death.
What is required to transfer the property title from my name as executrix into my onw name?
The following information is general information only. The laws in your state may vary. Generally, there needs to be special authority in the will in order for the executor to have the power to transfer real estate. IF the will was allowed and you were appointed the executor and IF you were given power to sell real estate in the will and IF the property was devised to you in the will then you can execute a deed from you as executor to yourself as an individual. If you are the duly appointed executor and were not given power to sell real estate in the will and the property was not devised to you personally in the will then you need to apply for a license to sell real estate from the probate court in order to transfer it to yourself. If you were not given the power to sell property in the will and the property was devised to you then you don't need to execute a deed. The title is in your name as long as the estate was probated. Probate records are public records and title to real property can be transferred in probate. The probate process transfers title to real estate to the heirs. You should seek the advice of the attorney who is handling the estate.
A couple has been married for 11 years and his name is on the deed and sole owner. What happens to the property if he dies with will.?
The property becomes part of his estate upon his death, and will flow through the estate process. The key fact here is that he is the sole owner of the property. When they married, she should have insisted that the deed be rewritten as a joint tenancy with right of survivorship, which would have given her the house upon his death. You can't do this after the person's dead.
What to do if a special bequest has already been given prior to the death of a person in pa?
Generally, if property is given away during life it does not become a part of the estate after death.
Can you evict a stepmother if the property was given to you by a quitclaim deed through a father?
Maybe, but the law protects the rights of spouses. Your step-mother may have a life estate in the property. You will need to consult a probate attorney and the will to determine what her rights are.
What is the name given to a female who inherit a property after a person's death?
an in heritor
Can you buy a home that is in probate?
What exactly you mean by "in probate" is not clear. The executor is given the authority to dispose of the testator's property in accordance with the will (and all relevant laws, of course). In that sense, of course you can; selling the assets may very well be exactly what's SUPPOSED to happen.
You were given a deed before someone died they died intestate have a surving relative what happens now?
You need to consult with an attorney who is familiar with property law and probate law in your state ASAP.
Who owns an item that is given before death but then upon death is bequeathed in their will to someone else who is already dead?
A will doesn't become active until the testator has died. The testator is free to give away property while living. Only property owned at death can pass under the will. Many people don't update their wills. If the property was given to someone during the life of the testator then it can't become part of the estate. In this case, the testator may have given the property away because they new the person who was to receive it by the will had already died. The recipient of the property owns it.
