Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?

Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which I've kept mowed and clean cut for over a decade is being marked for a fence. They also have towed off a junk car of mine without telling me and sold it. I want to know if there is anything I can do about keeping this section of land since other family members also know about the gifting of it prior to her death, and did they have the right to sell something of mine without telling me?

2 Lawyer Answers
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: Hire an AL attorney to determine her heirship at death. If you were an heir, or paid taxes for several years, you might file an action for Ejectment. Property may not be worth the trouble.

James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.

You may want to consult with a lawyer who specializes in property law or estate planning to discuss your options. You may also want to gather any documentation or evidence that supports your claim to the land, such as the original deed or any correspondence or agreements between you and your grandmother.

In general, it is not legal for someone to sell property that belongs to someone else without their consent. If you can prove that the land was given to you by your grandmother and that you have maintained it as your own since 2009, you may be able to take legal action to recover the land or receive compensation for its sale.

Don Oliver Keene agrees with this answer

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