Q: My mom left real estate investment to me in her will. Does that go to estate first, or to me?
I am also the executor of the estate. I am wondering if the real estate investment has to go to the estate first, then be distributed to me, or can it come directly to me.
A: The Will must be submitted to court for probating: proving what she owed, what she owes and who gets what is left over. Nothing in the will can go directly to anyone.
A: I agree that the will does have to go to court (to be probated). There is a special type of probate called "Probate as a Muniment of Title Only." This is a version of probate where the property WOULD automatically transfer to you immediately at the probate hearing. Your best bet is to consult with a probate attorney. The cost is usually less than people assume.
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