If my father passed away without a Will, am I entitled to any of his land?

My father put his hundred acre farm in my brother’s name because of some problems with their neighbor. I want to move there but my youngest wont let me. All my life I was told that twenty acres was mine but now I’m not allowed on the place. I given a copy of a statement they say my dad wrote but I don’t think that he wrote it.

Asked on August 14, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  If a peson dies with out a Will then they have been said to have dies "intestate" and the intestacy laws in their state will decide how their property is distributed.  Here is the problem here: the property is not in your Father's estate.  It is in your brother's name.  And although I understand the reason that your dad put it in his name, the fact is that it was not part of your father's estate at the time of his death.  Please go and speak with some one there about what paper you were given and the situation.  Good luck.


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