Posted on: 17th Nov, 2009 11:51 am
probate wasn't finished. one beneficiary decided to sign a quit claim deed. does he also need to sign and assignment of interest. there were 3 beneficiaries. 50%, 25%, and 25% in the codicil changing paragraph 5 in the will. in the will, a survivorship clause was stated in paragraph 6 stating that if beneficiary died withing 30 days of the testator he was considered a non-beneficiary. the beneficiary with 50% has 2 alternate beneficiari s named if he dies before testator in the same codicil. the persons with 25% are not mentioned with alternative benes in the codicil. one of those with 25% died 2 weeks after testator. do we refer back to paragraph 6 of will and distribute that 25% to the 2 remaing in equal shares according to the will, or do we have to probate that person's will also. i have that death certificate to prove death.
Hi Maggiebm,
As far as I know, once the probate is complete, the beneficiaries would get their share of the property. I don't think the beneficiary can transfer his share of the property before the probate is complete. As no other person is mentioned as an alternate beneficiary for the persons with 25% share, I think you should consult a real estate attorney and take his opinion in this regard. If that person has left a will, then that will also needs to be probated.
Thanks
As far as I know, once the probate is complete, the beneficiaries would get their share of the property. I don't think the beneficiary can transfer his share of the property before the probate is complete. As no other person is mentioned as an alternate beneficiary for the persons with 25% share, I think you should consult a real estate attorney and take his opinion in this regard. If that person has left a will, then that will also needs to be probated.
Thanks