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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33919
Experience:  Estate Law Expert
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My parents sold their property to a woman who gave my father

Customer Question

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: 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.

Was a probate done on the estate?

Customer: replied 1 year 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.
Expert:  Dwayne B. replied 1 year 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.

Customer: replied 1 year 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?
Expert:  Dwayne B. replied 1 year 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.

Customer: replied 1 year ago.
where is the clerk of the probate court located?
Expert:  Dwayne B. replied 1 year 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.

Customer: replied 1 year ago.
ok, I found papers on the probate and it was Buncombe County Court House File# *****
Customer: replied 1 year ago.
Thank you for all your help!
Expert:  Dwayne B. replied 1 year 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.