Sunday, January 26, 2014

If there is a will does a home of deceased have to go to probate. The title company is saying because of sole survivorship - that person is ...

Question

If there is a will does a home of deceased have to go to probate. The title company is saying because of sole survivorship - that person is also deceased. Does the will not cover this issue. THe will states all the assets be divided between the children.



Answer

If the deceased was the sole owner of real property, the house would have to go through probate. If two owners on the property and both are deceased, the second ones estate owns the property. The will issue is easy. The property gets sold and distributed through the will, equally to the heirs. Visit kliszlaw.com to discuss if not clear. Tim Klisz



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