can an estate inherit property?

[seahn]

What is the name of your state (only U.S. law)? NJ

Can the estate of a deceased person inherit real property?

 

[LdiJ]

What is the name of your state (only U.S. law)? NJ

Can the estate of a deceased person inherit real property?

Yes, sort of...

Any property or assets, real or not that pass after death without a designated beneficiary or joint owner with rights of survivorship, automatically become part of someone's estate.

Should someone else die, naming that person as an heir or where that person had joint ownership, the inherited property would also go into that person's estate..depending on timing.

Example....dad passes away and his estate is in probate. In the meantime his parent also passes away leaving a portion of his/her estate to him. His share of his parent's estate would roll into his estate to be distribute according to his will or on an intestate basis.

 

[anteater]

Possibly.

If the deceased person stood to inherit from "someone else" and survived "someone else", but passed away before "someone else's" estate was distributed, then whatever the deceased person stood to inherit would be part of deceased person's probate estate.

 

[tranquility]

Example....dad passes away and his estate is in probate. In the meantime his parent also passes away leaving a portion of his/her estate to him. His share of his parent's estate would roll into his estate to be distribute according to his will or on an intestate basis.

No.

The question cannot be asked in the abstract. First we would need to know what the OP means by inherit. If from a will, that will will determine what happens to the predeceased heir.

 

[seahn]

To give some context to my question.

My mom passed away 2 years ago. In her will she gave my sister and me her home, the will states to "share equally, share and share alike", my sister was named executor of the will. Soon after mom passed my sister was diagnosed with cancer and is now terminal with weeks to live. Because of her illness my sister never executed my mom's will and is now too sick to do so, I will have to become administrator of the will when she passes.

My question was asking if my sister's share of the home from mom's will goes into her estate or can it just go directly to me since she will be deceased. In her will my sister gives me her share of the home, so it will go to me anyway. I would like to avoid having to probate the property twice.

Does the term "share equally, share and share alike" in my mom's will imply the property is a joint tenancy or a tenancy in common? The former would avoid probate all together from what I have read.

 

[curb1]

Is sister married? Kids? How is property titled at this time?

 

[Zigner]

Does your sister have any children?

 

[seahn]

My sister is not married and has no kids. The property is currently titled in my mother and fathers name. My dad passed away 6 years ago and the property went to my mother through marriage. The deed was never changed to her name only.

 

[tranquility]

The property was inherited by sister at the moment of mom's death. That the legalities of transfer have not occurred is irrelevant.

The property must flow to sister's estate and be distributed from there. There could be an argument the property should have passed as JTWROS, but you would need a judge to determine that based on the wording of the original will. This might be worthwhile as it saves probate costs.

 

[curb1]

Is sister capable of signing documents at this time? Is she willing to sign documents at this time?

 

[seahn]

Is sister capable of signing documents at this time? Is she willing to sign documents at this time?

Yes she can still sign papers and is willing to do so. Later this week she will be signing papers giving me durable power of attorney for financial and medical matters.

 

[anteater]

Yes she can still sign papers and is willing to do so. Later this week she will be signing papers giving me durable power of attorney for financial and medical matters.

Does that imply an attorney involved?

I would suggest that you retain one anyway to initiate probate.

Does your sister have other assets that would otherwise require probate?

 

[seahn]

Does that imply an attorney involved?

I would suggest that you retain one anyway to initiate probate.

Does your sister have other assets that would otherwise require probate?

No attorney yet, money is very tight right now so we are delaying attorneys until absolutely necessary.

Other than an old (worthless) car, and normal personal belongings my sister has no significant personal property to probate.

 

[curb1]

Anteater,

My point was that if she can sign papers, wouldn't it be better to sign over (re-title) her half of the house now and avoid any probate? Or, not accept her part of mother's estate?

You are better to answer this than I am. Would the mechanics of doing this be cumbersome at this time? I was thinking it would be doable.

 

[tranquility]

My point was that if she can sign papers, wouldn't it be better to sign over (re-title) her half of the house now and avoid any probate? Or, not accept her part of mother's estate?

I would think either of those could be problematical since:

Soon after mom passed my sister was diagnosed with cancer and is now terminal with weeks to live.

If sister is on medicaid, the state is going to own 1/2 the house.