Q: How does property pass from one generation to the next if there was originally no will?
My mother is 80 she has been taking care of her parents property with the help of me and my siblings for many years. Her father died in 1966 and mother in 1985. They died with no will in place. Since that time she has paid the property taxes and all upkeep. She had 4 siblings all deceased now. None of them or their children ever took interest in the property or helped with expenses. Mother wants to make a will where she protects this property and leaves it to her 5 children which in later years have tended to it. How does she go about this or can she?
A: She should consult with an estate planning/ real property attorney. It is likely you will need to obtain deeds from the children of her siblings, file one or more probate cases, a quiet title suit or some other action to resolve the issues created by the length of time since her father's death. Her making a will does not protect the property from the claims of the other parties, it merely directs how her interest in the property will be transferred upon her death.
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