90 yr old mother, owns a home, no mortgage left. 5 children will inherit the house equally. will we have to go thru probate if there is already a will stating this? I am the executor. these are little or no cash assets, just the house.
Asked on 3/04/13, 11:54 am
1 Answer from Attorneys
Richard Bryan
Richard Bryan Attorney PC
Yes. The intention of a will is to make the probate process smoother, not to avoid probate. Unlike a bank account or an IRA or an investment account, you can't name beneficiaries to inherit real property after death. That's why a will is needed, and a will is intended to be submitted to the Surrogate's Court for probate.
Answered on 3/04/13, 12:07 pm
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