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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32369
Experience:  Estate Law Expert
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My mother past away in November. Her will stated that the

Customer Question

My mother past away in November. Her will stated that the property was to be sold and divided. The property was sold prior to her death. Does this still have any baring on her estate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Can you rephrase?
Customer: replied 1 year ago.

My mothers will states that all property was to be sold and divided. She sold the property prior to her passing. Does all the money from the sell have to be divided if it was sold prior to her death?

Expert:  Dwayne B. replied 1 year ago.
It depends on the exact wording of the will as well as where the property was placed after the sale.
If, of instance, the will stated that "all of the rest, residue, and remainder of my property are to be divided..." then the proceeds remaining in the estate have to be divided as the will states.
However, if the property was sold and the proceeds were given away prior to her death then she didn't own the proceeds at the time of her death and the will has nothing to do with them.
Also, if she sold the property and then placed the proceeds into a bank account with a beneficiary then that bank account would pass to the beneficiary upon her death "outside of probate" and so what the will stated would have no effect on the bank account and how it was to be paid.

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