Q: My dad passed away without will.He promised me a piece of property I've been living on it for 10 years now.
My mom keeps promising after 10 years to put it in my name but never does. We would like to build a house on the property what can I do legally?
A: If he passed away without a will, that means the default laws of how property is inherited will be used. In this case that appears to mean that you, and any siblings you have, will get naked ownership of the property and your mom will get a usufruct, meaning she will get the use of the property.
A: How the property should be transferred, since your dad passed without a Will be dictated by whether the property is classified as separate or community. If the land was his separate property, his children inherit in full ownership. If it was community, your mom will own a half interest in her own right and the children would inherit your father's half interest with a legal usufruct to your mom. Because you likely have ownership interest in the property one way or the other, opening the succession will permit the correct transfer to occur and may assist with your mom donating/transferring any interest she might have. Contact local counsel well versed in probate to assist and confirm best course of action after addressing these other factors.
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