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Say in the 1930's in America there was a family of a Mom, Dad, and daughter. Suddenly the couple (mother and father) go missing for a long time or die or something. Would the daugher inherit the land if she was a legal adult? I know women didn't have the same rights as men in he 30's.....

2007-08-14 07:49:07 · 5 answers · asked by Chicoaa20 3 in Politics & Government Law & Ethics

5 answers

The constitution bans the practice of primogeniture, so the land would be spread evenly amongst the living siblings once the parents were either legally declared dead or missing for such a length of time that they were assumed legally dead. Women had as much of a legal right to own land in the 1930's as men did -- it was personal prejudices of buyers and sellers that perpetuated sexism in real estate practices.

2007-08-14 08:11:11 · answer #1 · answered by Max G 2 · 0 1

Simple scenario: mom and dad die owning land. There would be a probate of their estate to determine heirs. If daughter was their only heir, she gets it.
BUT - if she is a minor at the time (under 18 years old in most states), the court will appoint a guardian to control the land for her until she reaches her majority.
The guardian could sell the land, but he/she would need to get court permission first and show that it is in the daughter's best interest.

By the 1930's there was no prohibition against women owning land anywher ein the U.S.

2007-08-14 15:00:18 · answer #2 · answered by Bookworm 4 · 0 0

Once her parents were declared legally dead, and if no will stated otherwise, the estate would certainly go to the daughter. Where else could it go?

If I remember correctly, Molly Brown (Titanic survivor) inherited her wealth. I don't remember if it was from parents or a late husband though.

2007-08-14 15:01:10 · answer #3 · answered by Michael C 7 · 0 0

Yes, the women's property act passed in the 1800s, women were allowed to own their own land, so if she were the next of kin, she should have inherited.

2007-08-14 14:58:52 · answer #4 · answered by Anonymous · 1 0

I think the daughter would inherit it legally, but back then, if she got married (or if she were married when the parents died), the property would go to her husband.

2007-08-14 14:55:38 · answer #5 · answered by Hillary 6 · 0 0

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