Can previously transferred property be included in a probate proceeding?

UPDATED: Sep 30, 2022

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Can previously transferred property be included in a probate proceeding?

My boyfriend’s mother signed her house over to him 2 months before she became sick and 3 months before she died. His brother is now demanding her estate be probated because of the house. Can he demand that the house be included in the probate proceedings?

Asked on December 19, 2016 under Estate Planning, Arkansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless your boyfriend forced his mother into signing over her house to him in some other way unduly influenced her to do so, the transfer was legal. Accordingly, since the house is now your boyrfriend's property, not part of his mother's estate, so it need not be included in the prbate proceedings. However, he should discuss this situation directly with a local probate attorney if his brother does not back off of his demand.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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