Q: Stop the sale of land
My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the approval of the family to whom it rightfully belongs. It is also upsetting that she possesses what she claims is my uncle’s will, yet she was dissatisfied with its contents and is selling the land to obtain money—even though the land should be inherited by the family. I do not agree with someone outside the family selling off the land, especially since she is lying about possessing my uncle’s will. What can I do?
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A:
If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.
Wills mean nothing without probate. Since you apparently are not an heir you may wish to marshal up the Will if you feel there is one.
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