Skip to main content

Is a recorded contract for deed with remaining interest a probate asset or non probate asset?

Duluth, MN |

Can proceeds for the C/D that are in a trust account be used to pay admin/attorney/Personal Rep. fees/Claims to the estate. Probate/nonprobate

Attorney Answers 3


  1. Best answer

    You did not say who the deceased is. Is the deceased a party to the contract and if so which party?

    In general both real estate interests and contracts are estate assets. However, if a person had a life estate in land, then it expires when that person dies.

    Also it is not clear what your interest in this matter is and perhaps you would get a better answer if you made it clear.

    No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.


  2. Hello. Since you ask if certain monies may be used to pay the attorney, why then don't you ask the attorney involved in this matter? Otherwise, please confer privately with an attorney, because the questions you raise are not very clearly written, and also require other questions be asked and answered prior to you being provided with legal advice. All the best.

    Tricia Dwyer, Esq., Estate Planning Law, Probate Law, Minnesota Supreme Court Roster, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666.


  3. Any assets or interests the decedent owned at the time of death, or proceeds from those assets or interests, are estate assets and can be used to pay estate expenses.

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.

Probate topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics