Q: What is Specific devise in regards to deceased spouse owned property
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
A: I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should transfer to you directly if you are both on the deed, usually all that would be required is the recording of a death certificate, if this is not the case, then you may have to file your own petition with your own attorney if the probate attorney is no helpful, if it is Homestead property, then likely a Petition to Determine Homestead with the Probate Court. Otherwise, the property may be part of probate and then it should be put into your name as part of the probate process, again, if Homestead, relatively sooner than later. I would also mention, if the probate attorney is not being helpful, remember, they represent the interests of the estate and personal representative as it relates to probate, you as a spouse and beneficiary may have divergent interests and thus if you are having issues and or problems you likely should have your own probate attorney reviewing documents and what needs to be done. In addition, if there is no Will and even if there is a Will, you as a surviving spouse have substantial rights always, the Will from your spouse should clarify much and you should have a copy to review, but no matter what the Will states, you have specific and substantial rights as long as you did not sign a pre or post nuptial agreement. The probate attorney should be substantially more forthcoming on the property and precisely the status and what needs to be done and anticipate timelines, if not, you likely need your own attorney I would advise.
A: To answer the question, a "specific devise" is language in a will which provides that a certain person is to inherit a specific piece of property, as opposed to a specific fraction of the entire estate.
A: Transferring assets from a deceased individual to another party can be a complicated undertaking. To safeguard against potential legal disputes in the future, it is advisable to seek legal counsel from a lawyer who can assist you throughout this intricate procedure. Furthermore, the lawyer can offer guidance on any potential tax implications. It is strongly recommended that you promptly seek legal advice.
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