Q: A will leaves property to an adult child upon death, but grants lifetime estate to the spouse. Who's the owner?
Property was owned prior to marriage and never deeded jointly, Will not probated, but notarized by lawyer, per will, property transfers upon death. Who is currently the legal owner, spouse or adult child?
A: Firstly, the will needs to be probated and accepted before one can answer this question.
A: Yes, the will needs to be probated to be legally recognized as a valid will. If there is no valid will, the laws of "intestate succession" apply, which may be different in each state. However, if there is a valid will which grants a "life estate" to someone, then this creates a form of co-ownership" - both the life tenant and the remainderman have rights in the property. It would take both of their signatures to sell the property. As the name implies, the life tenant has the right to the use and possession of the property but only for their lifetime, and then upon their death, then sole ownership occurs in the remainderman. This totally depends on the terms of the will, so again, make sure it is reviewed by an experienced real estate lawyer in your state.
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