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December 12, 2022

Court of Appeals protects specific gifts of real property from an estate.

On December 12, 2022, in In re Estate of Zych, the court of appeals held that the “personal representative of an estate may not sell real property that the testator has specifically devised by will.”  Stanley Zych left his farmland to four sons, certificates of deposit to three daughters, and the remainder of his property was left to all seven children.  Prior to his death, several of his assets were mismanaged for over a decade by three of his children.  As a result of the mismanagement, the district court found that the three children owed significant sums to the estate,...
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