How to transfer a share in real estate to beneficiaries?

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How to transfer a share in real estate to beneficiaries?

My father dies over 2 yers ago. In his a codicil to his Will he expressed his wishes that his portion of a co-owned property owned by him and his 3 sisters be given to me and my brother. My stepmother did not probate the Will but has no problem giving us the property. Her name is not on the deed, just my father’s and his 3 sisters. How do we transfer my father’s portion to me and my brother?

Asked on October 13, 2012 under Estate Planning, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The only way that you can get title to the real property that you are writing about at this juncture is for the Will and its codicil to be probated. By going through probate a court order will then be issued where a certified copy of such can be recorded on the property that you are to receive. I suggest that you consult with a Wills and trust attorney about your matter.


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