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Tag Archives: estate planning

The Transfer of Title and Sale of Real Estate after Death — PART TWO

My last blog post focused on how title to real estate passes after death of the property owner. This post will focus on the power to sell real estate after death. The main issue related to the sale of the decedent’s real estate is whether the Executor of the estate possesses the power to sell or the authority to sell. The source of the power will typically be either express or implied.

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The Transfer of Title and Sale of Real Estate after Death — PART ONE

The transfer of real estate at death can be a confusing and frustrating process. Often times the heirs and beneficiaries of the decedent’s estate are left with numerous questions: How does the real estate pass to heirs or beneficiaries? Is the real estate an asset of the estate? Is the mortgage a debt of the estate? How do I acquire title to the real estate? Who can sell the real estate? When and how can I sell the real estate?

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How Do You Know if your Estate Plan is up to Date?

Last week we received a call from one of our clients whose father had died recently. When she came into the office and provided the Will for our review, I was surprised to see that it was over 30 years old and had been prepared prior to her father's second marriage. Needless to say, things had changed and the cost of probate and litigation between children from different relationships will substantially reduce the size of the estate ultimately distributed to the beneficiaries.

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Estate Planning – Who Needs It?

For some reason we don't often think about Wills, Trusts or Powers of Attorney, or about making sure that the things we own or are responsible for are going to be effectively managed in the event of our incapacity or death. I have also noticed that most of my clients are over the age of 40, and have concluded that younger adults don't believe they need an estate plan until they are much older or have accumulated more assets.

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