Q: Can my father legally will inherited land/property to my stepmother that is still in my grandfather's name?
My father's will states that he left "all property to which he may die possessed" to my stepmother. She is claiming rights to my grandparents land/house that my dad "inherited" from his parents as the only child. My grandmother nor my dad ever had the deed changed. It is still in my grandfather's name that passed 21 yrs ago. Now my grandmother and father have passed. Can my dad legally will that property to my stepmother if he never "possessed" the deed..it was never in his name.
A: Yes, your father can legally leave all he owns - separate and community property -- to his then wife -- unless there are any forced heir issues (a child under 24 or child/grandchild with a disability that prevents either from caring for their person or property). To the extent that your grandparents did not "will" that land to anyone else, and if your dad was the sole child, then that becomes his separate property by intestacy laws (dying without a will) and the grandparents' land now becomes part of his "estate" and he can will that to whom he chooses with the forced portion exception, if applicable.
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