Q: is real estate part of residuary estate or a entity by itself in Va
my husband pass away one month after his mother. She gave her residuary estate to him with no description .He pass it on to me. I am his executrix but his cousin is executrix of my mother in law. Is she responsible to the real estate morgages (houses and land she left him,) and real estate taxes or do I inherit of it automaticcaly with my certificate of qualification when his will pass on to me even so her probate is still not finish. Is it an automatic transfer in Va?
A:
In Virginia, real estate passes automatically on decease subject to a petition by the executor to recapture the property to satisfy the debts and claims on the estate assets. The best bet is to retain counsel to interface with the attorney for the estate to resolve estate debts.
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