Q: May family members divide property that by the provision of the last will is to be distributed equally among surviving
Children and said property
is not named in the will , before the will goes through probate?
A:
It is unclear what you are saying: was the property identified in the will or not? If not, it would pass by the "residuary clause", if any.
Unless it is distributed by the personal representative appointed by the probate court, the distributes will not have clear title.
And in many places, dividing of a single piece of real property may be subject to local or state laws regulating subdivisions.
Talk to an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
