QUESTION
Why would estate will say house and the three acres surrounding the house go to beneficiary?
Asked on Dec 14th, 2013 on Estate Planning - Michigan
More details to this question:
The house is in the middle of 18 acres and is the spouse of deceased. There is a big round driveway and fountain and long drive through in front.
11 ANSWERS
Your question is somewhat unclear. Are the beneficiaries different from the living spouse? What state is the property located in?
Answered on Dec 20th, 2013 at 5:30 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to consult with a probate lawyer to examine the documents you are referring to.
Answered on Dec 19th, 2013 at 11:33 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know. You could hold a stance and see if you can find out. Or you could look at the date of the will and see if the additional 15 acres was added after the will was executed. Finally, how many devises are there? If just one, it doesn't matter. If more than one, maybe the testator wanted the house and 3 acres to go to one person and the rest of it sold to go to the rest.
Answered on Dec 19th, 2013 at 11:32 PM
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Show the will to an attorney and ask your questions directly. Most give free consultations.
Answered on Dec 19th, 2013 at 11:32 PM
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You need to have the Will reviewed. The testator can do what he or she wants. The personal representative may need to partition the property? Seek legal help from an experienced probate attorney. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Dec 19th, 2013 at 11:31 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You detail seems to indicate that the land on which the house is located is owned by the spouse. If so, the land and house is not a part of the probateable assets of the estate of the deceased and thus not subject to the Will.
Answered on Dec 19th, 2013 at 11:31 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The assets in the estate go to beneficiaries.. these are the individuals (or entities) that get the assets.Beneficiaries are appointed by a will, a trust or by general estate law (if there is no will or trust). If it says the house and 3 acres go to a specific beneficiary, the balance of the property, e.g. 15 acres, needs to be split off and will go to the other beneficiaries.
Answered on Dec 19th, 2013 at 11:30 PM
Contact immediately an attorney specializing in estates and trusts.
Answered on Dec 19th, 2013 at 11:30 PM
Perhaps the deceased left the remainder of the property to someone else? Or perhaps the surviving spouse is only getting a life estate in the house and surrounding acres?
Answered on Dec 19th, 2013 at 11:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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A valid question but not answerable without additional facts. The devise of the property is up to the owner.
Answered on Dec 19th, 2013 at 11:29 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I do not understand your summary. A Will can say anything the testator wants, but if the asset in question does not belong to the decedent, then that provision is not going to be effective. If it is not clear what is going on, you should have an attorney review the Will to help you figure things out.
Answered on Dec 19th, 2013 at 11:28 PM