Mountain City, TN asked in Estate Planning and Real Estate Law for North Carolina

Q: Can Real Estate be transferred to the estate even if not specifically called for in the will?

My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my brother) broad powers to settle the estate, he has been advised that the rental property can't be brought into the estate since it isn't specifically mentioned in the will, and there is no TOD on the title. Is this correct guidance?

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the Will and help expedite the sale of real properties.

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