QUESTION
Do the descendants of the last living heir in a family of 11 siblings, have more legal rights to the property (land) than the other descendants?
Asked on Sep 17th, 2013 on Estate Planning - Michigan
More details to this question:
If that last living heir was the only one to leave a will?
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If there is a will, you will have to read it to find out how the property is to be distributed.
Answered on Nov 04th, 2013 at 2:05 AM
Pretty unlikely. It depends on the current title to the property and the history of how it got that way.
Answered on Sep 18th, 2013 at 12:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends. Are we talking about grandma dying after all of the siblings have died? Then the last surviving sibling should probably get everything. Or are we talking about grandma dying while brothers and sisters are alive and they eventually die. In that case, grandma's estate should already have gone out. I think you need to talk with a probate attorney to go through the scenario because no good answer can come without a thorough exploration of the facts.
Answered on Sep 18th, 2013 at 11:17 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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There is not enough information provided to answer this question. Who did the land belong to? Who are the "other descendents"? Is the last living heir deceased?
Answered on Sep 18th, 2013 at 9:47 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You are misusing words. I think you mean to describe a situation where Decedent is survived by one of her 11 children (A through K) and numerous grandchildren. If Decedent dies without a will, then the estate is divided up into equal shares, one such share for each child who either survives decedent or who has issue who survive decedent. Assuming they all have issue, then the issue of A share one eleventh, the issue of B share one eleventh, etc., right up to the issue of J. K iws still alive and gets one eleventh. K has the right to serve as administrator or to nominate an administrator to distribute the estate under supervision of the court.
Answered on Sep 18th, 2013 at 4:17 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You have to analyze these things step by step. First parent dies, analyze the descent; second parent dies, analyze the descent. First sibling dies, analyze the descent probably that sibling had a spouse and/or children who would inherit his or her share. Second sibling dies, same thing, probably spouse and children. You have to follow through the estate of each of the siblings. The property may be owned by 100 people now as tenants in common. I take it there's no property of value, right? Otherwise, wouldn't at least a few of these folks have made an effort to secure the property and leave a will.
Answered on Sep 17th, 2013 at 7:58 PM
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Generally no. You will need to have the family tree reviewed by an attorney.
Answered on Sep 17th, 2013 at 7:18 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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For purposes of succession, property devolves downward basically by levels by bloodline. So, from parent to child or child issue, and if no issue then to child's siblings if child is deceased, and if no children to the grandparent, and if no grandparent, then to siblings of parent if any.
Answered on Sep 17th, 2013 at 7:14 PM
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Probably not, but it depends upon how the property was titled. Everyone has a "Will" either they drafted it, or the State legislature did. Intestate succession, passing property via state law, is everyone's fall back Will. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 17th, 2013 at 6:24 PM
I assume that the last living heir inherited some property that had been passed down the family line. If the previous owner didn't indicate who would inherit the property after the last of the siblings died, then the last sibling's heirs would likely inherit the property. However, if each of the 11 siblings held the property as tenants in common, their heirs would inherit their share.
Answered on Sep 17th, 2013 at 6:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your question is not clear. How is the property titled? If it was a tenancy in common, then the rights of the final descendants are the same as the prior heirs. If the property was held as joint tenants with rights of survivor ship, then the descendants of the last heir are the owners. Last person standing wins, in that kind of situation. If you have any other kind of scenario, you should have a lawyer review all the facts with you.
Answered on Sep 17th, 2013 at 6:23 PM