Q: Who are the heirs wife or kids?
Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This land is between 2 siblings and mother. ITis family land since 1956. Leflore County.
A: It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless limited by an antenuptial marriage contract, the wife receives a part of the property. How much she gets depends on how the property was acquired and whose children the surviving kids are. You do not provide enough information to answer your question. The heirs and owners of the property are determined in the probate of his estate. If there was a probate, you should obtain a copy of the Final Decree. If the probate is still pending, you should contact the attorney handling the probate, or consult with your own attorney.
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