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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35870
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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As a beneficary, how do I keep other beneficiaries from

Customer Question

as a beneficary, how do I keep other beneficiaries from selling or changing names on the properties?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state this is in?

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Has anyone filed a probate case to settle Great Grandfather's estate?

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If so, who is the Administrator of his estate, you?

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Who is on the deed to the land where you and your barn is?

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thanks

Barrister

Customer: replied 1 year ago.
North carolina is the state I reside.To my knowledge no one has filed a probate case.My 2nd cousin. and her sisters and brothers, the nieces and nephews of my grandmother.my great grandfather and great grandmother. (Richard and Josephine Battle) I do believe my cousins have had all documents
altered to suit their benefit.
Customer: replied 1 year ago.
I do need a response, and legal direction.
Expert:  Barrister replied 1 year ago.

Ok, here is the problem I see...if no one has ever filed a probate case to settle G Grandfather's estate, then legally his name should still be on the deeds to the property and no one else could sell them until they were transferred from his estate to his heirs.

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So I don't see how anyone else is on the land deeds other than G Grandfather if no one has ever filed a probate case to settle his estate...

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When someone dies owning real estate, it stays in their name until their estate is settled and then the heirs receive it via an estate deed from the deceased's executor/Administrator. Until that happens, the land remains in the deceased's name indefinitely.

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So if no one ever filed a probate case to settle his estate, everything should still be in his name unless he transferred it to all of you while he was living...

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If anyone else other than G Grandfather is on the deeds, then I am missing some piece of the puzzle here because I don't know how the property would get from his name to anyone else's unless a probate case was filed or he transferred it while living.

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thanks

Barrister

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