In Re: Estate of Mattie L. Mettetal

Syllabus

The petitioner, Ray W. Mettetal, Jr., filed a declaratory judgment action seeking to establish that the will of his mother, the deceased Mattie L. Mettetal, directs that the real property devised to him in the will should be administered as part of the estate. Petitioner asked the trial court to declare that the will required the administrator to pay the $40,057.35 in costs and improvements expended by petitioner on the real property out of the residuary of the estate. The court denied petitioner's request. It held that the real property vested immediately in petitioner at the deceased's death, and therefore it was not part of the probate estate for administration purposes. We affirm that decision. We reverse the trial court's order to the extent it directs that attorney's fees, costs, and expenses accrued in a prior appeal to this Court be deducted from petitioner's distributive share of the estate.