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Navigating Heir Property Rights In Oklahoma: What To Know About Selling Real Estate Inheritance

Published on April 18, 2023

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Navigating Heir Property Rights In Oklahoma: What To Know About Selling Real Estate Inheritance

Overview Of Oklahoma Inheritance Law

Inheriting property in Oklahoma can be a complex and often confusing process. It is important to understand the laws around inheritance and how they apply to your situation, especially when it comes to real estate.

The Oklahoma Statutes outline how property is passed along after the death of an owner, including provisions for intestacy and wills. Generally, heirs who inherit real estate in Oklahoma will receive equal shares of the property, but this could vary depending on the nature of the deceased's estate and whether any special provisions were made in their will.

Additionally, there are certain situations in which beneficiaries may be able to sell or transfer their share of the inherited property before it passes to them. Understanding these processes ahead of time can help make navigating inheritance law easier when selling real estate that was inherited in Oklahoma.

Understanding Estate Tax And Inheritance Tax In Oklahoma

can heirs property be sold

Navigating heir property rights in Oklahoma can be a complex and confusing process, especially when it comes to understanding estate tax and inheritance tax. It is important for those looking to sell their real estate inheritance in the state of Oklahoma to have an understanding of these taxes, as failure to do so can lead to significant financial consequences.

Estate tax is applicable on the transfer of assets from the deceased person's estate, while inheritance tax applies to the recipient's property or income. Both taxes are based on a percentage of the fair market value of the asset being transferred.

In addition, there are exemptions that may be available depending on the relationship between the deceased and their heirs. Understanding how estate and inheritance tax works in Oklahoma is essential for anyone looking to successfully navigate heir property rights when selling real estate inheritance.

Planning Ahead With Wills In Oklahoma

When it comes to navigating heir property rights in Oklahoma, it is important to plan ahead in order to ensure that your real estate inheritance is managed correctly. Having a valid will in place can help make the process of selling an inherited property much smoother for all parties involved.

In Oklahoma, wills must be properly drafted according to state law and should include all necessary documents and instructions. Generally, a will should identify the heirs or beneficiaries of the estate, outline any special instructions for the distribution of assets, and name an executor to manage the estate's affairs.

It is also important to note that if there are any debts owed by the deceased person at the time of death, they will need to be paid before any remaining assets can be distributed among heirs. Furthermore, if you need assistance with understanding your rights as an heir or beneficiary of property in Oklahoma, it may be beneficial to seek legal counsel from an experienced attorney who specializes in estate planning.

Navigating The Probate Process In Oklahoma

can heir property be sold

Navigating the probate process in Oklahoma can be an intimidating experience for those who are inheriting real estate. It is important to understand the laws and regulations that dictate how you can transfer ownership of inherited real estate in Oklahoma.

Probate is a court-supervised legal process that administers an estate after someone passes away. This process is necessary to ensure that all debts and taxes have been settled, and that assets are distributed according to the law and the wishes of the deceased.

In order to successfully transfer ownership of inherited property in Oklahoma, it is important to understand how probate works in the state. First, you must file a petition with the court to open a probate case, which will include information about heirs, creditors, assets, and liabilities.

Once this paperwork has been filed, a judge will issue orders as necessary to settle any disputes over who has rights to property or money. The court may also appoint an executor or administrator who will act as an intermediary between heirs and creditors while they settle debts and distribute assets.

Finally, once all debts and taxes have been paid off, title to the real estate can be transferred to its rightful owner. Knowing all the steps involved in navigating the probate process in Oklahoma is essential for anyone looking to sell their inherited real estate quickly and efficiently.

How Spouses Receive Inheritances In Oklahoma

In Oklahoma, married couples have certain rights when it comes to real estate inheritances. When a spouse inherits real estate from their partner, the inheriting spouse is entitled to receive the property as a tenant by the entirety.

This means that the surviving spouse owns both a legal and equitable interest in the inherited property. In addition, the surviving spouse has right of survivorship which allows them to acquire all of the decedent's interest in the property upon their death.

Furthermore, if there are any debts or liabilities associated with the inherited real estate, such as mortgages or taxes, they will be assumed solely by the surviving spouse. This is because creditors cannot demand payment from either party during their marriage due to spousal immunity laws.

It is important for spouses to understand these rights and make sure they are properly honored when dealing with navigating heir property rights in Oklahoma.

Determining Child's Share Of Inheritance In Oklahoma

can majority rule in selling an inherited property

When it comes to navigating heir property rights in Oklahoma, determining a child's share of inheritance can be complex. The first step is to identify the heirs and establish their legal right to the estate.

Heirs may include children, grandchildren, or other descendants of the deceased who are legally entitled to receive a portion of the inheritance. In Oklahoma, if a deceased person has not left an estate plan or will, an heir may be entitled to a certain share of the inheritance as determined by law.

This determination is based on factors such as whether the decedent died with or without a spouse and how many children are involved. Additionally, any federal or state laws that affect heir property rights in Oklahoma must be taken into consideration when determining each child's share of inheritance.

It is important to consult with an experienced attorney who can provide assistance in understanding and interpreting these laws so that each heir receives their fair share of the inheritance according to Oklahoma law.

Unmarried Individuals Without Children And Inheritance Rights

When it comes to navigating heir property rights in Oklahoma, unmarried individuals without children may be particularly vulnerable. Without the typical familial structure of a surviving spouse and their children, unmarried individuals must be aware of their rights when selling a real estate inheritance.

Some states allow non-heirs to claim an inheritance if they are able to prove that they had a close, personal relationship with the deceased. But in Oklahoma, there is no such thing as a common law marriage or intestate succession for non-relatives; this means that any inheritance will go directly to the deceased's closest living family members.

For unmarried individuals without children who have inherited property in Oklahoma, understanding how to handle their rights is essential before selling any real estate. It is important to understand what constitutes an heir and what procedural steps must be taken in order to ensure that all parties involved are treated fairly and equitably during the sales process.

Additionally, working with an experienced lawyer can help ensure that all legal requirements are met and that any potential disputes are handled appropriately.

Non-probate Options For Transferring Assets In Oklahoma

can heir property be divided

In Oklahoma, when a person dies without leaving a will, the process of transferring assets to their heirs can be complicated and time consuming. However, there are certain non-probate options available for those in this situation that may make the transfer of property rights easier.

One option is to use an affidavit of heirship which is a legal document that allows for heirs to prove their right to inherit specific real estate or other property from the deceased. This document is created by an attorney and must be signed by two witnesses who attest that the affiant is indeed entitled to the inheritance.

The affidavit must also include information such as the date of death, names of surviving heirs, and how much each heir should receive from the inheritance. Additionally, Oklahoma laws allow for transfers via survivorship deed which grants ownership rights over inherited real estate without any court involvement.

This type of deed requires signatures from all surviving owners or their representatives and can be filed with county records office in order to officially transfer title and possession of the inherited property. Finally, when it comes to transferring real estate in Oklahoma, intestate succession may also be used if there are no legally appointed executors or administrators for an estate.

In this case, the court assigns someone who can oversee the distribution of assets among heirs according to state laws governing intestacy. Understanding these non-probate options can help ensure that you navigate your heir property rights in Oklahoma efficiently and effectively when selling a real estate inheritance.

Other Situations Impacting Oklahoma Inheritance Law

In Oklahoma, inheritance law can be complicated due to other situations that may affect a person's right to inherit property. For example, if the deceased did not have a will at the time of death, then the courts must decide who is entitled to the inheritance based on state law.

Additionally, if someone had placed their real estate in a trust prior to their passing, then it is important for heirs to understand what type of trust was created and how it affects them. In addition, it is important for heirs to be aware of any debts or liens that may be attached to an inherited property as these can impact their rights.

It is also important for those inheriting property in Oklahoma to know the laws regarding gift taxes and how they apply in order to properly navigate heir property rights.

Final Considerations When Evaluating Oklahoma Inheritance Law

can heirs force sale of property

When evaluating Oklahoma inheritance law, it is important to consider the various factors that could affect the sale of real estate inheritance. The statute of limitations on heir property rights in Oklahoma can have a significant impact on the ability to transfer ownership of inherited real estate.

It is also essential to understand the differences in inheritance laws between states, as they may vary significantly. Additionally, potential buyers should evaluate any restrictions or conditions placed on an inherited property in order to determine if they are capable and willing to adhere to them.

Furthermore, verifying titles and researching public records can help identify potential issues with a property before making a purchase decision. Finally, consulting with a legal professional who specializes in inheritance laws and regulations can be invaluable when navigating heir property rights in Oklahoma.

Tips For Creating An Effective Estate Plan In Oklahoma

Creating an effective estate plan in Oklahoma is key when navigating heir property rights. It is essential to hire a knowledgeable attorney who can help guide you through the process, as well as understand the laws surrounding real estate inheritance.

They can provide advice on how to distribute assets and liabilities among heirs, how to properly title real estate, and how to handle disputes that may arise among family members or other involved parties. It is important to make sure all documents are properly filled out and filed with the appropriate government offices in order to protect your rights and meet legal requirements.

Additionally, it is essential to update your estate plan periodically as circumstances change or when new property has been acquired, in order to ensure that everything remains compliant with the law. Understanding your state’s probate laws and any additional taxes which may be imposed will help ensure a smooth transition of property from one generation to another.

Finally, taking time for thoughtful consideration about what you want for your heirs is an important part of creating an effective estate plan in Oklahoma.

Questions To Ask When Establishing An Estate Plan

can one heir sell property

When it comes to estate planning and navigating heir property rights in Oklahoma, there are a few important things to consider. It is wise to begin by asking questions such as who will take ownership of the property, how can the heirs best protect their interests, and what are the legal obligations and liabilities associated with inheriting real estate? Additionally, you should ask whether a trust should be established in order to help ensure that the inheritance is managed properly.

Furthermore, it is essential to know if the state has any restrictions or requirements when selling inherited real estate. Finally, you need to inquire about tax implications and how they may affect any potential proceeds from selling an inherited property.

All these questions should be discussed with an experienced attorney who specializes in real estate law in Oklahoma before making decisions about an estate plan for inheriting property.

Resolving Disputes With Heirs And Beneficiaries

When it comes to navigating heir property rights in Oklahoma, resolving any disputes with heirs and beneficiaries is a key step in the process. It is important to understand each heir's legal rights, as well as their financial interest and responsibilities, before making any decisions about selling an inherited real estate.

As such, understanding the rules for dividing up an inheritance among family members or other designated individuals is critical in avoiding potential litigation. In some cases, a court may be necessary to intervene when there are conflicts of interest or disagreements between heirs or beneficiaries.

Additionally, the deceased’s will should be consulted to ensure that all relevant details are taken into account. If there are any questions regarding the legality of a particular decision, it is best to seek advice from a qualified attorney who can provide guidance on how best to protect each party’s rights while also ensuring that the deceased person's wishes are respected.

Ready To Begin Your Journey? What You Need To Know

Estate (law)

Navigating heir property rights in Oklahoma can be a daunting task. It's important to understand all of the details that come with selling real estate inheritance in Oklahoma in order to make sure you're getting the most out of your investment.

Knowing what to look for and how to proceed is key when it comes to selling an inherited property. One of the first steps is to find out whether or not there are any liens against the property that may affect your ability to sell it.

You'll also need to determine who else has a claim on the property, as this can influence the sale price and any other legal obligations you may have. Additionally, it's important to understand local laws and regulations pertaining to the sale of real estate inheritance in Oklahoma.

This includes understanding what type of deed needs to be filed with the county, as well as any taxes or transfer fees that may apply. Finally, you'll want to find a qualified real estate attorney who can provide you with advice on navigating heir property rights in Oklahoma and help ensure your sale goes smoothly.

With these steps in mind, you'll be well on your way towards successfully selling real estate inheritance in Oklahoma.

Advantages Of Setting Up A Revocable Trust

A revocable trust is a very useful tool for estate planning, and it can be especially advantageous when navigating heir property rights in Oklahoma. It allows the grantor to keep ownership of the assets, while at the same time allowing them to manage and distribute those assets according to their wishes.

The revocable trust also provides flexibility as it can be altered or changed at any time. Furthermore, it offers protection from creditors, as the trust itself holds title rather than individual beneficiaries.

In addition, a revocable trust can provide tax savings by avoiding probate court fees and associated costs that would otherwise need to be paid upon transfer of real estate inheritance. Finally, setting up a revocable trust can provide peace of mind knowing that your heirs will receive the exact property you intend them to have without interference from other family members or outside parties.

Utilizing Survivorship Agreements For Property Transfer

Property

Navigating heir property rights in Oklahoma can be a complex process, and it is important for families to understand the legal considerations when selling real estate inheritance. One of the most useful tools for transfer of property is a survivorship agreement, which allows two or more owners to hold title to the real estate as joint tenants with right of survivorship.

This type of agreement states that upon the death of one owner, the other automatically assumes full ownership. With this method, no deed transfers are necessary after death; thus avoiding probate court.

This also eliminates concerns regarding dispute over ownership and allows all heirs to maintain their original interest in the property without any additional costs or paperwork. However, there are still tax implications and other considerations that must be taken into account prior to entering into this agreement, so it is best to consult with an experienced attorney before proceeding.

Outlining Digital Assets Within An Estate Plan

When outlining an estate plan, it is essential to consider digital assets such as online accounts, email addresses, virtual currencies, and other digital belongings. These assets can become complicated during an estate planning process as they can be difficult to locate and often require special permissions to access.

It is important that all digital asset holders have their accounts up-to-date with the most accurate information available in order for a smooth transition during probate proceedings. Additionally, those who are inheriting these digital assets should have a clear understanding of what the exact terms and conditions of the account are in order to ensure accuracy and full compliance with estate laws.

Furthermore, a qualified attorney should be consulted in order to help navigate any potential legal issues that may arise due to online accounts or other digital properties being part of an inheritance.

Understanding The Role Of Executors And Administrators

Inheritance

When dealing with heir property rights in Oklahoma, it is important to understand the role of executors and administrators. An executor or administrator serves as a personal representative of an estate and has the legal authority to handle matters related to real estate inheritance.

These individuals are responsible for settling debts, paying taxes, distributing assets, and other tasks related to the estate. When selling a real estate inheritance, executors and administrators must ensure that all legal documents are properly filed in order to properly transfer ownership.

Furthermore, they must also provide proof of ownership if requested by a potential buyer. Moreover, executors and administrators must determine if the deceased individual had any outstanding debts or taxes that need to be settled prior to transferring ownership.

It is essential that heirs understand the role of an executor or administrator when navigating heir property rights in Oklahoma so they can make informed decisions about their inheritance.

Overview Of Intestacy Rules In Oklahoma

Navigating heir property rights in Oklahoma can be a daunting task. It is important to understand the state's intestacy rules in order to determine who has legal claim to an inherited real estate.

Generally, the surviving spouse and any children of the deceased are entitled to a share of the decedent’s estate according to Oklahoma laws of intestacy. In cases where there is no surviving spouse or children, the estate will pass to the decedent’s parents, siblings, or other more distant relatives.

If none of these relatives can be found then the estate will go to the state. Heirs must also consider any outstanding debt that may need to be paid off before they can legally sell their inherited property.

Before selling any real estate inheritance in Oklahoma it is important for heirs to research their options and understand all relevant intestacy laws related to heir property rights.

Selling Heir Property Under Oklahoma Law

Oklahoma

Navigating heir property rights in Oklahoma can be a confusing process. It's important for heirs to know their rights when it comes to selling real estate that is inherited in the state.

Oklahoma law dictates various requirements for the sale of an inheritance, including how many heirs must consent, who is eligible for a portion of the proceeds, and what fees are associated with the transaction. Heirs should first determine who holds legal title to the property, which may be all or some of the heirs.

In order to sell the inheritance, each eligible heir must provide written consent and receive their designated portion of the proceeds according to Oklahoma law. Additionally, there may be other costs associated with heir property sales such as attorney fees, taxes and title transfer fees that are necessary before any money can be made from the transaction.

Knowing these rules and regulations ahead of time can help make navigating heir property rights easier in Oklahoma and ensure that all parties involved understand their rights during the process.

What Happens When One Sibling Is Living In An Inherited Property And Refuses To Sell?

When one sibling inherits a property in Oklahoma and refuses to sell, it can create an awkward situation for the other siblings who are looking to divide up their inheritance. Navigating heir property rights in Oklahoma can be tricky, particularly when one sibling wants or needs to sell the inherited real estate but another sibling won’t agree.

In this case, there are several options available. The first option is for the siblings to enter into mediation with a third-party mediator to attempt to negotiate a sale of the inherited property.

If this does not work, then the siblings may need to look into filing suit in court for partition of the property under state law. Alternatively, if there is sufficient agreement among all of the siblings and they are all willing to sign off on a sale of the inherited real estate, they may be able to go through with selling it without any legal action needed.

Ultimately, navigating heir property rights in Oklahoma can be complicated and stressful when dealing with a reluctant sibling who won't agree to selling an inherited property; however, understanding all available options can help ensure that everyone is satisfied with the outcome.

What Are The Inheritance Laws In Oklahoma?

Child

In Oklahoma, inheritance laws are governed by the state's probate code. These laws dictate who is legally entitled to receive property when someone dies without a will.

Generally, the estate of the deceased is divided among the surviving spouse and children or other relatives in order of priority determined by state statute. When it comes to heir property rights in Oklahoma, however, there can be complications due to the specific legal requirements for selling real estate inheritance.

In order for an heir to be able to sell inherited real estate, they must first obtain Letters of Administration from the court overseeing the probate process. The Letters of Administration document serves as proof that the rightful heirs have been identified and are legally allowed to sell their inheritance.

Additionally, each heir may need to enter into a partition agreement with the other heirs if they wish to move forward with selling their portion of real estate inheritance before any distribution is made. Finally, all proceeds must be distributed according to Oklahoma's intestacy laws unless another valid will is presented during this process.

What Is The Determination Of Heirship Statute In Oklahoma?

In Oklahoma, the determination of heirship statute provides a legal framework for determining who is entitled to inherit real estate. According to the Oklahoma Statutes Title 84 §212, an heir is defined as “any person, including the surviving spouse and next of kin of the decedent, who would be entitled under the statutes of intestate succession to the property of a decedent.

” The Clerk of the District Court or County Court is responsible for determining heirship based on affidavit information provided by a qualified individual. In order to determine heirship in Oklahoma, heirs must provide evidence that proves their relationship to the deceased.

This may include birth certificates, marriage licenses, death certificates and other relevant documents. Additionally, if multiple potential heirs are present in Oklahoma, then all parties must agree to an inheritance distribution agreement before any assets can be distributed among them.

Understanding this determination of heirship statute is important when navigating real estate inheritance rights in Oklahoma and selling real estate inherited from a deceased relative.

Who Has Personal Belongings After Death Without A Will In Oklahoma?

When it comes to navigating heir property rights in Oklahoma, understanding what happens to personal belongings after death without a will is key. In the absence of a will, Oklahoma law stipulates that an intestate succession process determines who inherits the real estate.

Typically speaking, the surviving spouse has priority to inherit a deceased individual’s real estate in Oklahoma. In cases where there is no surviving spouse, the deceased person’s children and other lineal heirs are entitled to the inheritance in equal shares.

However, if there are no descendants or lineal heirs, then their parents or siblings may be eligible to receive the inheritance. Heirs of a deceased person who do not have an ownership interest in the property must wait until all owners with an interest decide whether to sell or keep the property before they can receive their portion of the proceeds from any sale.

With this in mind, it is important for anyone considering selling real estate inherited through an intestate succession process in Oklahoma to understand their rights and options before making any decisions.

Who Is An Heir In Oklahoma?

In Oklahoma, an heir is a person who is legally entitled to inherit property after someone has passed away. Heirs can be either appointed in a will, or recognized by law as the closest blood relative of the deceased person.

Generally speaking, children and spouses are the primary heirs to a deceased person's estate. However, if no will was left behind and there are no surviving children or spouses, then the state may recognize other relatives such as parents, siblings, grandparents, uncles and aunts.

In addition, if there is still not an individual identified as an heir after all potential relatives have been considered, then the estate may pass to the state. It is important to note that when it comes to heir property rights in Oklahoma, each situation is unique and complex.

Therefore it is always best to consult with an experienced attorney before making any decisions regarding selling real estate inheritance in Oklahoma.

What Happens When One Sibling Is Living In An Inherited Property And Refuses To Sell In Louisiana?

When one sibling is living in an inherited property and refuses to sell in Louisiana, it can be difficult to navigate heir property rights in Oklahoma. Generally speaking, the law treats inheritance as if all siblings are equal owners of the property.

If one sibling wants to sell and the other doesn't, then it can be a lengthy process to try and get them on board with the sale. If an agreement cannot be reached through negotiation or mediation, then the court may have to intervene and decide whether or not a sale should take place.

Additionally, any profits from a potential sale would be distributed among all heirs according to their shares of ownership. Ultimately, navigating heir property rights in Oklahoma when selling real estate inheritance requires knowledge of complex legal processes that vary from state-to-state.

A qualified attorney can provide important guidance for those considering selling real estate inheritance in Louisiana.

Q: Can disinherited heirs in Oklahoma sell their intestate share of an intestate property with the assistance of an attorney?

A: Yes, disinherited heirs in Oklahoma can sell their intestate share of an intestate property with the assistance of an attorney.

Q: Can disinherited heirs in Oklahoma levy taxes on and sell their intestate share of an heir property?

A: Yes, with the assistance of an attorney, disinherited heirs in Oklahoma can levy taxes on and sell their intestate share of an heir property.

Q: Can disinherited heirs in Oklahoma sell their intestate share of an heir property with the assistance of an attorney?

Intestacy

A: Yes, disinherited heirs in Oklahoma can sell their intestate share of an heir property with the assistance of an attorney. This is possible because Oklahoma recognizes and protects heir property rights, allowing for real estate inheritance to be sold or transferred according to the wishes of the deceased's family.

Q: Can disinherited heirs in Oklahoma sell their intestate share of an heir property and, if so, what are the tax implications?

A: Yes, disinherited heirs in Oklahoma can sell their intestate share of an heir property with the assistance of an attorney. The tax implications vary depending on the type of inheritance received and how it is used.

Q: Can real property held in tenancy, joint tenancy, or tenancy by the entirety in Oklahoma be sold?

A: Yes, real property held in any of these tenancies can be sold in Oklahoma with the assistance of an attorney.

Q: Can an heir in Oklahoma sell their intestate share of an heir property?

Marriage

A: Yes, depending on the circumstances. With the assistance of an attorney, disinherited heirs in Oklahoma can navigate heir property rights and determine if it is possible to legally sell their intestate share of an heir property. It is important to understand all the legal implications of selling real estate inheritance before making a final decision.

Q: Can an heir in Oklahoma sell their share of an heir property held in a Living Trust with the assistance of an attorney?

A: Yes, an heir in Oklahoma can sell their share of an heir property held in a Living Trust with the assistance of an attorney. The attorney can help ensure that all legal requirements are met and all parties involved are fully informed of their rights and responsibilities.

Q: Can heirs in Oklahoma sell their inherited real estate?

A: Yes, with the assistance of an attorney, heirs in Oklahoma can sell their inherited real estate, also known as heir property rights.

Q: Can heirs in Oklahoma sell their inherited real estate?

Lawyer

A: Yes, heirs in Oklahoma can sell heir property with the assistance of an attorney. Heirs should be aware of the specific Navigating Heir Property Rights In Oklahoma and What To Know About Selling Real Estate Inheritance before proceeding with the sale.

Q: Can heirs in Oklahoma sell their inherited real estate inheritance?

A: Yes, disinherited heirs in Oklahoma can sell their intestate share of an heir property with the assistance of an attorney. Heir Property Rights and Real Estate Inheritance laws vary from state to state, so it is important for heirs to consult a qualified attorney to ensure they are protecting their rights when Selling Real Estate Inheritance.

Q: Can an Executor in Oklahoma sell an inherited property as part of the Intestate Succession process?

A: Yes, an Executor in Oklahoma can sell an inherited property as a part of the intestate succession process with the assistance of an attorney who is knowledgeable about Navigating Heir Property Rights In Oklahoma and What To Know About Selling Real Estate Inheritance.

Q: Can heirs in Oklahoma sell their inherited real estate inheritance?

Death

A: Yes, heirs in Oklahoma can sell their inherited real estate inheritance with the assistance of an attorney. Navigating heir property rights in Oklahoma can be complicated and it is important to understand what to know about selling a real estate inheritance. An attorney may help ensure the sale is properly executed and that all legal requirements are met.

Q: Can heirs in Oklahoma sell their inherited real estate inheritance?

A: Yes, heirs in Oklahoma can sell their inherited real estate inheritance with the assistance of an attorney. The attorney will help them to understand heir property rights and the process for selling the real estate as part of an intestate succession.

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