Probate

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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.

jameshogg · Posted: Tue Nov 17, 2009 7:45 pm Post subject:

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

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