Q: Statement in Will leaves ambiguity and open to interpretation— who owns this inhereted real estate?
my late mom stated in her will that her real estate goes to her living children (but did not name us by name).
Later in the will there is a statement that says “any relatives not specifically named in the will have been left out intentionally “
I am applying for a mortgage to buy out my siblings but the bank is not recognizing me as an inheritor.
They say that because my name is not in the will, i have been left out intentionally... however NO ONE in fact were named by name.
Who now owns the house then?
A: Has your mother's Will been filed with the probate Court with either a Formal petition or otherwise? Did she pass away during the last three years? I will assume for this response that she did. This Petition for Probate step needs to occur with someone seeking appointment as Personal Representative of the Estate and determination of who the children are is part of the Formal Petition requests . The Personal Representative is the Executor named in the will but if more than a few months have gone by without anyone taking action there is a basis for you to file as a devisee child.
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