[WSBAPT] Devising real property owned by LLC

[Timothy Lehr]

All,

Decedent has a Will which includes a section that devises "any real property that I may own at the time of my death..." to certain beneficiaries. The Will also has a residuary that devises all other assets "whether real or personal..." to certain beneficiaries. The beneficiaries of each section are slightly different.

Decedent owned a fractional share in a family LLC and the LLC owns certain real property. Would decedent's LLC interest pass via her residuary or pursuant to her provision in the Will devising "any real property" if the main assets in the LLC are real property? My initial thought is because she only owned an interest in the LLC, and the LLC is the owner of the real property, not decedent personally, that the LLC interest passes pursuant to her residuary. But I'm not sure if others have run into this or have thoughts?

Thanks,

Timothy C. Lehr
Attorney & Partner

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