How does disposing of property prior to death affect how assets are divided after death?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How does disposing of property prior to death affect how assets are divided after death?

In my elderly father’s Will, he states that his land and house are to go to his children (he has 6 natural children and 6 stepchildren) but he doesn’t clearly state as to how the assets should be divided. We are in the process of having my dad transfer the land to his 6 stepchildren and the house to his 6 natural children. If this is done while he is still alive, then upon his death, these things have already been dealt with. Will this matter when they look at his Will if these items are already taken care of?

Asked on October 1, 2014 under Estate Planning, North Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The items such as the property which is transferred prior to death are no longer part of your father's estate.  The beneficiaries named in your father's Will, will inherit other items (if any) as listed in the Will.  If it is your father's intention that the transfers of property during his life are gifts and are to be offset against other bequests to the beneficiaries listed in the Will, that intention should clearly be stated and could be addressed in a codocil (amendment to the Will).

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption