QUESTION

Who have a right in land property the owner if my uncle and auntie was already dead?

Asked on Sep 16th, 2013 on Estate Planning - California
More details to this question:
About the land my uncle and auntie is both dead they have son but also dead. They have illegitimate child from second husband which is they always hide because my auntie afraid if the embassy know that they have another child to the other guy they stop the pension of my uncle. Now I want to know who have a right to get this land have other person claim, but illegally this land without title.
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5 ANSWERS

You can file a petition in probate court and ask a judge to determine the heirs.
Answered on Oct 31st, 2013 at 11:17 AM

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Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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You need a Missouri lawyer if the land is located in Missouri. Under Missouri law, if a person dies with no wife and no children, the heirs at law are the children of any child that the deceased did have. So, if your aunt and uncle's son had children, his children would be the heirs. If there were no children then, parents, brothers and sisters of the survivor of your aunt and uncle would be heirs. This is a VERY TENTATIVE ANSWER. Retain counsel at your earliest convenience and don't attempt anything without doing that.
Answered on Sep 18th, 2013 at 4:46 AM

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Estate Planning Attorney serving Castle Rock, CO
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The situation is convoluted enough, especially without their estates being probated, that a Quiet Title Action will need to be filed to determine title to the property.
Answered on Sep 18th, 2013 at 4:32 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Your summary is very confusing. The land DOES have title. Ownership can be confirmed with the county register of deeds. The question is who gets title, based on your circumstances. You do not mention whether your aunt and/or uncle had a Will or Trust. You do not mention the order of death. An "illegitimate child" is considered a legitimate child, for purposes of inheritance. There is a presumption that a child born to the wife during a marriage is the product of that marriage. You may be able to prove otherwise, but the burden of proof would be on you. In the absence of a Will, a Trust, or a deed indicating who the owner was to be upon the death of the prior owners, state law would apply. The intestate law dictates who is the "next of kin," for inheritance purposes. That might be you, or it might be you and a bunch of other people, or it might be someone else, completely, depending on the facts which are not included in your summary. You appear to be long overdue for a meeting with an attorney. I believe that is the only way you will be able to make sense of this.
Answered on Sep 18th, 2013 at 4:27 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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You need to have an attorney review title, dates of death, and the family tree.
Answered on Sep 18th, 2013 at 3:38 AM

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