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My parents sold their property to a woman who gave my father…

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My parents sold their property...
My parents sold their property to a woman who gave my father a life estate. In her will she gave me the property. she died in 2004. My dad is 91 now. When he dies, does this property automatically get transfered back to her estate or does it get deeded to me?
Submitted: 2 years ago.Category: Estate Law
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Answered in 1 minute by:
3/8/2016
Estate Lawyer: Dwayne B., Attorney replied 2 years ago
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
Experience: Estate Law Expert
Verified

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.

Was a probate done on the estate?

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Customer reply replied 2 years ago
well I know they went through probate and since it was a life estate they left it alone. Probate was with a Hendersonville NC attorney.
Estate Lawyer: Dwayne B., Attorney replied 2 years ago

The executor should have done a deed specifically reserving the life estate. If that wasn't done then the certified copy of the court's order of probate should be sufficient to pass title in place of a deed. The executor would be the only person who could do the deed though.

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Customer reply replied 2 years ago
The astranged husband was fighting me in probate and the probate said they were leaving it alone but he could do what he want and called it the "Law Suite". I had to obtain legal representation. The Executor was her sister so I doubt a deed was ever done on the Life Estate. How can I obtain a certified copy of the courts order of probate?
Estate Lawyer: Dwayne B., Attorney replied 2 years ago

You go to the clerk of the probate court and they will get you one. There is a slight fee for the copy and then another fee for certifying it, but it's not going to cost more than a few bucks a page.

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Customer reply replied 2 years ago
where is the clerk of the probate court located?
Estate Lawyer: Dwayne B., Attorney replied 2 years ago

It is usually in the same courthouse where the probate court is located. If you want to tell me where the probate was done I'll try to find you an address.

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Customer reply replied 2 years ago
ok, I found papers on the probate and it was Buncombe County Court House File# *****
Customer reply replied 2 years ago
Thank you for all your help!
Estate Lawyer: Dwayne B., Attorney replied 2 years ago

You're very welcome.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

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