confused asked:
The piece of land had not been “passed on” to their children (my dad and his siblings) legally. Now, my dad died intestate as well. Do we (legal children and surviving spouse) have a claim to the property? If so, how do we settle it?
The piece of land had not been “passed on” to their children (my dad and his siblings) legally. Now, my dad died intestate as well. Do we (legal children and surviving spouse) have a claim to the property? If so, how do we settle it?
If U R in the US, contact a local title company or look at the county’s register’s office,
In most states, title to land vest in the heirs at law automatically, so your Dad and his siblings most likely owned the property at your Dad’s death and you all have claims to his share. Go see a probate lawyer ASAP.
It all has to go through probate. Debts vs. estate gets settled first and what’s left of the estate goes to the heirs. If your father has surviving siblings they’d be first in line with the surviving spouse claiming her husbands piece.
Does your Father have a will? Did your Grandfather leave any instructions in his will about it? Normally his percentage of the land would be divided up evenly to his decedents.
Depends on the laws of intestacy of your unknown country and State or Province if applicable.
In most places, intestacy calls for money to be passed down “per stirpes”, which means that if a child predeceases his father, his share is divided among his heirs, not divided among the surviving siblings.
In most places, therefore, even though your father died before your grandparents, his estate gets his share, which would then be divided between his widow and children.
Richard
You have to hire a probate lawyer who will file a case for you in court, and it will take about 5 years for you to receive title, but if the taxes are not being paid in those 5 years the lawyer will own the property anyway.
You need to contact an lawyer. But, generally speaking, each state spells out, to some degree, the law of inheritance if a person dies without a will (or intestate). Usually, the person’s property passes to their spouse, then to their children, then to grandchildren and other relatives. My guess is that your dad’s wife has sole control of the property, but, again, individual states vary in how they handle intestate estates and a lawyer would best be able to guide you through this process.
You (legal children and surviving spouse) would only have right to your father’s share nothing more, nothing less.
Technically grandchildren are not “direct heirs” of their grandparents, unless there is no other “direct heir” alive. Direct heirs are: spouse, & children, and parents & siblings of the dead person; Pretty much in that order. Anyone else don’t get anything unless they are on the will or there is no other “direct heir” alive.
So the siblings of your father are first in line than any grand children. Still you have the right to your father’s share.
Now since there is no will, and probably nobody knows anything about the law, then you would need to hire a lawyer if the family can’t resolve the issue as “civilized” persons.
edit
Situations like this make me think that maybe it would be a good idea if by law everyone were required to make a will.
Better get a lawyer. When two generations die intestate, and no one bothers with probate, you in essence have to go back and do the probate process for both generations. Who will end up owning it depends on a lot a factors including what state or country the land is in.