QUESTION
What rights would I or my mother have to a property that my father has ownership in??
Asked on Mar 22nd, 2013 on Estate Planning - California
More details to this question:
My grandfather left a property to his 6 sons. The land was aired. Now 4 of the sons have passed away including my father. My mother was married to my father and is still living. What rights would I or my mother have to this property?
16 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to read the will to see the terms of distribution of the property.
Answered on Aug 12th, 2013 at 7:57 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Was the property legally transferred to the 6 sons? If so, then your father legally owned a percentage of the property and it would need to be transferred to his surviving spouse and heirs, depending on what his will states. If he did not have a will, then it would pass to his wife and kids under the probate laws.
Answered on Aug 06th, 2013 at 3:24 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Whether your mother has any interest in this property depends upon how the six sons of your grandfather owned the property: If the six sons owned the property as joint tenants with right of survivorship then your mother and you have no interest as the ownership of the property vests in the remaining siblings on the death of one of them. In this scenario, the last surviving brother would own the entire property. If, on the other hand, the brothers owned the property as tenants in common then each of the brothers would own an undivided one-sixth of the property. On the death of a brother his one-sixth would, in the absence of a will disposing of the interest otherwise, go to that brother's heirs at law at the time of his death. Assuming you and your mother are your father's only heirs at law, you would each own an undivided 1/12th (one twelfth) of the property. This does you little good unless you file a law suit to "partition the property" or all owners agree to sell the property and divide the net proceeds.
Answered on Jul 27th, 2013 at 2:04 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I do not know what you mean when you state that the land was "aired" However, generally you (or potentially your mother) should have 1/6 interest in the property depending upon the order of death (your father first or your grandfather first) and the exact wording of the how the title was transferred to the heirs.
Answered on Jul 26th, 2013 at 2:50 PM
Your chances of any claim to the property will depend on the terms of your grandfather's will and how the property transferred to his sons. If they owned it as joint tenants, the last surviving son would own the property alone. If they were tenants in common, you and your mother would have a claim as survivors of your father, assuming he left the land to you in a will or died intestate.
Answered on Jul 26th, 2013 at 8:46 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I do not know what you mean when you say the land was "aired." Do you mean that there was a probate estate and there was a deed from the grandfather to the sons? If so, then it depends on what that deed says. If the sons held title as joint tenants with rights of survivorship, then the last one standing will be the owner of the property. If they held as tenants in common, then there will need to be an estate for each deceased beneficiary. If that is the case, then your father's Will, if he had one, or Michigan intestacy law would apply. You might have an interest in either case.
Answered on Jul 26th, 2013 at 7:15 AM
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You would inherit your father's share, subject to your mother's rights of occupancy. I'm assuming your father didn't have a will. I also don't know what you mean by the "land was aired."
Answered on Jul 25th, 2013 at 8:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need specifics to answer. Your mother should have rights, and you through her in your fathers share. If you are in Michigan please call my office to engage us and with the details.
Answered on Jul 25th, 2013 at 8:21 PM
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Many more facts are needed, like how is the property titled? Did your father have a Will? I suggest you get the answers to those questions and set a meeting with an attorney in the State where the land is located. 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 Jul 25th, 2013 at 8:17 PM
What do you mean "the land was aired" The six sons inherited the property and then each 1/6th passed onto that particular son's heirs. Your mother would inherit the property from your father if their is no Will and it is a community property state like California. If it is separate property, which it probably is, your mother would get one-half and you would get one half.
Answered on Jul 25th, 2013 at 8:07 PM
Thomas Edward Gates
Did your dad have a Will? In Washington, a community property state, dieing intestate, without a WIll, the communal property is divided in half, with one of the halfs going to the surviving spouse. The remaining one-half is divided where one-half is given to the surviving spouse and the other one-half is divided equally between the children. The math gets complicate because your dad own only 1/6 of the property to begin with.
Answered on Jul 25th, 2013 at 5:24 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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"Aired?" There is too little information in your question. Was the property deeded to the six sons, or given in will? Has anybody's estate actually been administered? Who is the record owner of the property now? Did the sons own with right of survivorship, or as tenants in common? Call a title company and ask for a "trio" or "customer service" on the property. This will tell you who owns it now. Then you're at Square One, and you can start to figure out what needs to be done.
Answered on Jul 25th, 2013 at 5:24 PM
Business Entity Formation Attorney serving Salt Lake City, UT
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Fetzer Booth Mountain West Law
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Your mother's rights to the property depend on how the property was held by the brothers. For example, if the brothers were all joint tenants with rights of survivorship, then it is possible that your mother has no right to the property. Essentially the last brother living would be the sole owner of the property. However, if the property was owned by the brothers as tenants in common, then your father's interest in the home would generally pass to his heirs, which may be your mother, depending on your father's will or the intestacy laws of the state.
Answered on Jul 25th, 2013 at 5:19 PM
The rights, if any, of your mom and you can be determined by having an attorney specializing in estate matters review all the documents and circumstances with you.
Answered on Jul 25th, 2013 at 5:07 PM
It all depends on how the land was deeded and how it is gifted in your father's will.
Answered on Jul 25th, 2013 at 5:00 PM
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See an attorney ASAP to discuss the dates of death and ownership interests. If your father survived your grandfather likely your mother and you and your siblings have an interest in the property
Answered on Jul 25th, 2013 at 4:59 PM