Q: My dad died without a will owning land with his siblings, his only sibling alive is selling it now who gets my dads part
My mom also passed he had bo will she did
A: It depends on how the land is titled. If there are say 3 people who own property, they can own it as either joint tenants with right of survivorship, or as tenants in common. If the former, the person last alive will own 100% of the property. If the latter, then we would need to open a probate estate for your dad (and for each person who has passed away), as each person would get their 1/3 share. Feel free to reach out if you would like a free consult --- we can look up the property while on the phone and give you more specific details on how to proceed.
Cedulie Renee Laumann agrees with this answer
A: It will depend on whether the siblings owned as "Joint Tenants" or as "Tenants in Common." One way, the surviving sibling owns 100%, the other way, each sibling who died would still have a share that would go through their estate(s). A probate estate would need to be opened for every person who died.
An attorney can look at the deed and tell very quickly which of these two ways real property is titled.
While not legal advice, I hope this general information helps.
A: The answer depends on the title to the property and the family tree. Seek a consult with a lawyer in the jurisdiction where your father resided when he passed. Bring a copy of the deed and a knowledge of the family tree. It should take less than an hour, but any answer without reviewing the deed and the family tree is useless.
A: The answer is mostly in the deed, but life events may have changed how the deed language operates. For example, if siblings owned as joint tenants, the death of one ordinarily passes the interest to the remaining joint tenant. However, joint tenancy can be easily severed by events such as bankruptcy of one joint tenant, or execution on a judgment against the interest of one joint tenant, etc. If the tenancy was severed during lifetime, then the interest may have devolved to a tenancy in common which would be subject to to the law of testate or intestate succession. So, you can't get a definite answer until and unless you have someone take a close look at the circumstances surrounding the deed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.