If my father died and co-owned real estate with 2 others, will his 1/3 automatically go to me?

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If my father died and co-owned real estate with 2 others, will his 1/3 automatically go to me?

My father passed away 3 years ago. He was co-owner of 103 acres with 2 others. He put his other parcel of land in my name before he died and we thought he put the 103 acres in my name also. But according to the land title office, it was not done. Since I am his executor, would the 103 acres be legally mine also?

Asked on August 31, 2010 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  Being the executor of the estate does not give you the right to inherit.  It gives you the obligation to see that the assets of your father are distributed according to his Will (you said "executor" so I am assuming that there is a Will).  Is the property mentioned in the Will at all?  Even as "real property" or "real estate"?  If not mentioned specifically then is there what is known as a "residuary" clause which is a catch all clause that catches any property that is not specifically mentioned.  The property may fall under there and whomever the beneficiary of the residuary clause is may indeed inherit the property.  Ask the attorney helping with the probate.  Good luck.


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