QUESTION

What happens to the property my mother owned now that she is deceased?

Asked on Feb 08th, 2014 on Estate Planning - North Carolina
More details to this question:
My mother lived in NC but she owned 100 acres of land in TN. She passed away a few years ago and I just found out about the land. She was survived by a spouse and four children. How do we go about distributing the property or selling it?
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1 ANSWER

You do not provide many details. First, how was the land titled? Since your mother was married, but had a spouse, was it jointly owned by your mother and her husband as husband and wife or as a joint tenancy with right of survivorship? If you don't know, then get a copy of the deed and read who is listed as the grantees. Is it just your mother or mother and her husband? It makes a difference. Land may or may not be a probate assets. If land is owned by a husband and wife as a tenancy by the entireties (recognized by most states) or as a joint tenancy with right of survivorship (recognized by some states), then the land automatically passed to the husband as of the moment of your mother's death. If the land was solely owned by your mother, then the question is, did she have a will? If yes, then the land will pass as per the will. The personal representative would issue an executor's deed possibly to the beneficiary of the property. The regular estate in NC may need re-opened and an ancillary estate probated in the county in TN where the land is located. If there is no will, then the land automatically passed to your mother's husband and your mother's children (1/3rd to husband and 2/3rd to the children). There is no real need to re-open the estate, provided that all can agree on what is to be done with the land. If the husband is not concerned about the land, perhaps one or all of the children can buy out the husband's share. If the land is going to be sold, if all the children and husband can agree then they would just sell it. I am assuming that the estate for your mother has already been probated and all debts of the estate, if any, were paid. If for some reason there is a debt and the claim on it has not run and there are assets, then the estate may need to be re-opened, the personal representative can sell the land and pay the debts and distribute what is left to the heirs/beneficiaries. If you have any questions, then I suggest that you consult with a probate attorney who practices in the county where the estate for your mother was probated and see what he/she says. If there was no estate probated for your mother and 3 or more years have elapsed, then all claims would be barred anyway and there may be no need to probate an estate at all. But the husband still owns 1/3rd of the land and the children and spouse need to either sell the land or the children should buy out the share of the husband and then do what they want with the land.
Answered on Feb 13th, 2014 at 5:53 AM

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