My Aunt diswilled her brother her sister ANY of their descendants in her Will. They ALL ended up with a settlement. Also in the accounti...

Question

My Aunt diswilled her brother & her sister & ANY of their descendants in her Will. They ALL ended up with a settlement. Also in the accounting it shows that 2 X>$75,000.00 trusts were set up for them as well, but it shows the checks being written 1 year AFTER the Testators death, is this legal when it was never set up by my Aunt & it went to the very people that she diswilled... What good was the Will then? How can this be legal? Thnx :)

Answer

Without knowing the partculars, it is difficult to answer your question. It sounds like someone contested the will and there was a settlement reached by all the parties. Assuming this was all done in a probate proceeding, than it is legal.

Answer

I agree with Ms. Rouse. An attorney would have to review the will, the respective trust instruments, and any underlying litigation to give you a specific answer.

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Can I rent a property that is part of an estate that has not been closed yet?

Question

Can I rent a property that is part of an estate that has not been closed yet?

Answer

It depends on the circumstances. First, who died? When? How long has the estate been probated? Are all the debts paid? Who inherited the real property? Who are you? The beneficiary or the personal representative? Is the property paid for?

Depending on the circumstances, if there is enough other assets in the estate to satisfy any possible claims and if the real property in question was devised to by will or under the intestacy law, then why not have the personal representative release the property to you now?

Title to land is already vested in the heirs/beneficiaries as of the moment of death. However, if it has been less than 2 years since the decedent passed away, then the beneficiaries cannot sell the land unless the personal representative is joined in the sale. However, if there is a will, then it may contain some guidance as to what the duties are with respect to the land. I would not do anything with the land unless you consult with the personal representative and make sure that the land is released to you before it is rented or sold.

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