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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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My mother recently became the sole beneficiary of a group (3)

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My mother recently became the sole beneficiary of a group (3) lots in Little Rock, ARK. The taxes have been previously paid up by the estate bank. What is needed to get the property put in my mother's name.
-Could you explain your situation a little more?
Was she the named beneficiary in a will or by a survivorship deed?
Is there an estate open in the probate court?
Has anyone been named executor or personal representative by the probate court?
Customer: replied 4 years ago.

There was no Will. The sole beneficiary decree was via a Final Settlement in Probate Court in Texas. My mother is the only surviving descendant of the settlement. All the Guardian and Executor have all concurred and the case is close. NOTE: it is not a lot of property and the lots are small.

Dear JACUSTOMER - The only way to get property transferred out of an estate is for the person in charge of the estate to sign an executor deed or have the probate court order the property transferred to the beneficiary. So whoever was in charge of the estate will have to get a deed prepared and then sign the deed as the representative of the estate. Any real estate title company should be able to prepare the correct document at a very reasonable cost assuming all of the requirements of the estate have been met in order to give the property to the beneficiary. I'm not certain why the case would have been closed before all the assets were distributed so it may require that the estate be reopened in order for the executor to have the legal authority to sign the deed. Probate and real estate laws are some of the most complicated and everything needs to be done according to both in order to grant clear title. Since I have no way of reviewing everything that has already been done I can only explain in general what needs to be filed.An executor's deed is the most common way to transfer real property from an estate to a beneficiary.
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