My father owned land with his 3 brothers and sisters, they each own a quarter. He has since passed away and my aunts and uncle say I have to spilt my share of the land with my 2 half-sisters (from my Dad's first marriage), but I believe that my mother, my Dad's surivor is entitled to the land and then if she passes she can live the land to whomever she wishes in her will. Any opinions on this?
2007-08-01 15:57:16 · 5 answers · asked by Mom with a Misson 3 in Politics & Government ➔ Law & Ethics
If he left the land to her and he did not indicate that it was to be split and none of the other people ( i.e the half sisters) are on the deed, they cannot dictate that the land be split. the only way that could happen is IF a will had awarded him the parcel of land and THAT will dictated that upon his passing he needed to divide it with others. If he had just purchased the land with his other siblings, they cannot tell your mom what to do with it especially if it is laid out in his will that it should go to her.
For peace and to avoid ligitation, your mom can consider it BUT that would be up to her.
2007-08-01 16:01:37 · answer #1 · answered by thequeenreigns 7 · 0⤊ 1⤋
If the deed was a joint ownership, then the father's will has nothing to do with it, the other surviving owners get his portion. You can't give away something you don't own in a will. You don't say if there was a will, or how you got a "share" in any of this.
2007-08-01 18:24:36 · answer #2 · answered by Nuff Sed 7 · 1⤊ 0⤋
If he owned the land and it was not in a joint tenancy with right to survivorship, the will takes precedence. Don't let your relatives force you and/or your mother sign anything. If he left the land to you or your mother it must have been owned as a tenancy in common. Which means it does not belong to the siblings.
2007-08-01 16:12:01 · answer #3 · answered by lcmcpa 7 · 1⤊ 1⤋
Unless your mother has opted to not accept her inheritance from your father, you and your half sisters are not eligible to take the land. If she did opt out, the land would pass through to you and your sisters, assuming they were not disinherited in the will. If they were, then it'd be all yours.
2007-08-01 16:02:45 · answer #4 · answered by LawGunGuy 3 · 0⤊ 0⤋
No -- they are independent.
It depends on how the land was owned -- it if was "joint ownership with rights of survivorship" then his share automatically goes to his siblings -- the will is not relevant.
If it was "tenancy in common" then he can transfer his share as he sees fit in his will, and his heirs (whoever he transferred the property to) would be co-tenants with his siblings.
2007-08-01 16:03:56 · answer #5 · answered by coragryph 7 · 1⤊ 0⤋