Q: My Mother left 4 burial plots (bought in the 50s) when she passed, which were deeded and registered with the registrar
of deeds. Probate rep agreed these were real estate and not included in probate. Final Accting probate rep says they are included since my Mom's will says executor must liquidate remainder of estate, both real and personal, and distribute assets. If they aren't part of probate, then how does the will apply to this property since the will is in probate.
A: Without seeing the will, I can't give a definite opinion on the status of the plots. However, generally speaking, real property will always pass outside of probate unless it is either brought back into the estate to pay bills or left explicitly to the executor in trust.
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.
