My father bought land from my grandmother (his mother) back in the late 1970's and has a deed to it. My grandmother has a life estate to this land. He married and before he passed away we had a Last Will and Testiment where I am appointed executrix . In the will it only has me and my siblings listed and she is no where listed on this Will. I am in desperate need to find out if she can get any of this land that my father had. They say that since my grandmother has a life estate to it that it went back to her when my father passed. She is still alive. I am wanting to know since he was still married to this woman if she can get any of this before and/or after my grandmother passes since it was before they met or was married. Me and my other siblings are wanting to go ahead with the surveying and so i can have a house built on it but i need to know this first so i wont have wasted my time on building and her be able to get the land where my house it at.
2007-03-21 10:29:15 · 11 answers · asked by arcowgirl80 1 in Family & Relationships ➔ Marriage & Divorce
you need to post this in the legal section
2007-03-21 10:32:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, no easy answer here. This will have to be resolved in a court of law as shes definitely going to contest the will with what she has. Not knowing what state youre in and their exact estate laws, I cant inform you on here. Id get an estate atty for exact information and how to proceed from here to get clear title to the land as stated in your fathers will. Dont do anything with the land til the judge gives his final ruling. May cost a little now but nothing compared to the headaches later on down the road. Good luck
2007-03-21 10:40:20 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
Your grandmother probably had the land in her life estate before she sold it to your father. If you have the deed, then you need to contact an attorney and make sure that the land is yours and that the deed is transferred into your name. As far as his widow getting the land, his will places the land in your hands not hers.
2007-03-21 10:40:41 · answer #3 · answered by Tony S 5 · 0⤊ 0⤋
it really depends on which state you live in....go on line and look up estate attorneys sometimes lawyers will do a free on line consulation with you asking them the question and they will answer it for free for ya i got that done just a few months ago over some furniture and a store who refused to fix it the attorney on line helped me alot and told me what i needed to do but if i needed to file papers after i done what he said he would have to charge me so sometimes you will find one who is willing to help you out or you can go to your local courthouse and see the probate judge for free and he or she will be able to tell you the right thing...good luck.....my husbands grandfather left him some land in his will when he died but when the grandfather died his wife was still alive which everything went back to her it was husbands grandmother....anyways husbands dad had also passed away so before grandmother passed away the uncle of my husband had his mother redo will and took everything away from my husband which is awful for a person to do that....
2007-03-21 10:49:19 · answer #4 · answered by att_i_tude2006 3 · 0⤊ 0⤋
See a lawyer, take a copy of the paperwork and he will spell it out for you in detail. It would be hard for anyone to answer that question without seeing the paperwork. Your state may have community property laws that come in to play since he is married and that may outweigh the will...see a lawyer so you know where you stand.
2007-03-21 11:21:20 · answer #5 · answered by curious74432 3 · 0⤊ 0⤋
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2016-10-01 07:16:55 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Greetings!
You should ask the Lawyer who drew up the will for more advice about this - HOWEVER - IF it is premarital property and so long as he never changed his will, she is NOT entitled to it. Had the land been willed to him AFTER he was married to her, that would be different, the law would assume she had rights to it as marital property.
Hope I helped!
2007-03-21 10:40:32 · answer #7 · answered by abayifo 1 · 0⤊ 0⤋
Depending on the state you live in. Most states provide what is call dower rights for the spouse. Check the the state on what laws you have and then contact an attorney, because I think she does have claim unless, he writes her out and she signs off. That is the way it is in Ohio. Good luck and I wouldn't wait for this answer.
2007-03-21 10:35:16 · answer #8 · answered by Thelma C 2 · 0⤊ 0⤋
Ummm, you need to talk to a lawyer! But if she isn't in the will, the land isn't hers. However she may be able to fight for it. Better get legal advice.
2007-03-21 10:32:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If its gone back to your grandmother, she needs to draw up a will giving it to you and your siblings.
2007-03-21 10:34:28 · answer #10 · answered by Tiffany 4 · 0⤊ 0⤋