If the buildings were owned by Dad (an example would be a land lease) and passed to Dad's spouse in probate, those buildings may NOT be part of the estate. The RE may not be part of the estate. For example, the land may now be held in Jt Tenancy with another, in which case it passes outside probate. Without a title search, you can't really know how the land-building use and ownership is structured. I have seen many situations in which the improvements were "owned" by a tenant on a long term land lease. Restaurants and cel towers are users of these types of land leases, and own the improvements, but not the land.
Originally Posted by tonka
If this is the case, the use and sale of the land would be "subject to" any underlying leases.
Last edited by nextwife; 02-18-2006 at 10:40 PM.
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!