QUESTION
What legal right do I have if someone before they passed away left property to me but it was not trasfered over to me before the person died?
Asked on May 28th, 2012 on Estate Litigation - North Carolina
More details to this question:
Before my grandfather died he divided some land between family members. Now the problem is that the property that was left to me was never signed over to me before he died. My aunt is the executor of the estste, She has came to me and told me she did not transfer it to me and I have other family thats know it should have been trasnfered before he died. So do I have any legal grounds to stand on to get my property?
1 ANSWER
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When your grandfather was alive, he could have gifted the property to you. From your description, he only told you that he wanted you to have the property and didn't close the deal. He didn't finish giving you the gift. Thus the property may actually belong to your aunt under the laws of your state.
Without written, independent proof that this is what your grandfather intended, there is nothing you can do - you are stuck with what the Will says.
This is why it is absolutely critical to complete transactions legally and to update Wills and Trusts every few years. If you have not updated yours, please let this situation motivate you to do it now.
To Your Success,
Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Jun 25th, 2012 at 2:02 PM