Can previously transferred property be included in a probate proceeding?

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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

Answers:

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

Answered 4 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.


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