Montague-Smith Realty

Probate/ Estate Sales
The passing of a loved one is hard enough, but complicated with “what to do next” can be even more overwhelming. As a Certified Probate Real Estate Specialist with experience in the Real Estate Industry since 2010, I am here to assist you every step of the way. Costly mistakes can be made if your most valuable asset, the real estate, is not handled properly and thousands of dollars can be lost. I can provide guidance to help assure that you maximize the cash coming from the real estate. When selling real estate left by a loved one, timing is very important. As a Certified Probate Real Estate Specialist, I am able to provide the guidance needed to prepare the home for sale. I have partners that are ready to assist you should you need funds to make improvements to the property, do some remodeling, repairs, painting and cleaning. I am ready to help you and your family maximum the results in the sale of the real estate.
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Probate Glossary
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Administrator- A person or institution appointed by a court to act on behalf of the deceased person in connection with the administration of a decedent's estate.
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Administrator with Will Annexed (for Administrator CTA)- An administrator appointed by a court to act on behalf of the deceased person who left a will, but where no nominated executor is willing and able to act.
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Beneficiary- The individual or corporation who receives the benefit of a transaction.
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Conservator- The individual or corporation who legally has charge of the care and management of the person, property, or both of an adult who is unable to provide for his own personal needs or who is substantially unable to manage his financial affairs. Limited conservatorships may be established for developmentally disabled adults.
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Contingent Beneficiary- One to whom distribution is dependent upon the occurrence of an event.
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Devisees and Legates- Persons named by a decedent in his Will. A bequest or devise generally refers to real property and a legacy of money or personal property.
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Executor- The individual or corporation appointed in a Will by a testator to take care of the testator's property after his death. Also called a personal representative.
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Ex Parte- A judicial proceeding granted without notice.
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Guardian- The individual or corporation who legally has charge of the care and management of the person, property, or both, of a child during his/her minority.
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Heir- The person who inherits property under state law.
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Irrevocable Trust- A trust who terms and provisions cannot be changed, modified, altered, amended, or revoked.
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Personal Representative- This term describes an executor or administrator.
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Power of Appointment- The actual power of legal authority given by the trust or will of one person, the "donor" of the power, to a second person, the "done" of the power, which enables the second person to designate the manner of disposing of the property. A power of appointment may be general or special.
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Pour-over will - A will that provides for the transfer, after or during the probate court proceedings, of all or part of the net assets of a decedent's probate estate from the executor's control to the control of a trustee who is in charge of a trust that was in existence immediately before the death of the deceased person (inter vivos trust)
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Probate Administration- The legal process whereby a probate court supervises the marshalling of a deceased person's debts and taxes and orders the property distributed according to decedent's will, or in its absence, to the deceased person's heirs. The probate court has jurisdiction over the personal representative and the decedent's assets.
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Real Property- An interest in land or property permanently affixed to land.
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Revocable Trust- A trust whose terms and provisions can be changed, modified, altered, amended, or revoked
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Settlor- Another word for grantor or trustor of a trust. The person who "settles" the assets into the trust.
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Tenancy In Common- A form of holding title to real or personal property by two or more persons. Because there is no right of survivorship, the legal relationships and results are very different from joint tenancy.
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Testate- Refers to someone who dies leaving a Will.
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Trust- A legal entity established either during a trustor's lifetime (inter vivos) or at his death (testamentary). The trust must have a trustee, a beneficiary, and a "corpus" or property subjected to the trust.
