Do I have any rights to take over land?

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Do I have any rights to take over land?

My dad passed away 25 years ago. At that time I was living in Germany with my mom. They was divorced. I have not received anything of my dad, accept his SSI in form of a check. My uncle (father’s brother), called my mom back then and asked if he could farm the land (with house) that used to be me dad’s, that was suppose to go to me. There are no written documents, etc. Now, nobody is mentioning anyhting about the land or the house. I would like to know if I have a right to take over the land and house. There are other questions regarding land as well.

Asked on July 14, 2012 under Estate Planning, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your father passed away twenty-five (25) years ago leaving assets his estate should have been probated (if a Will was in existence), administered (if no Will or trust) and through a trust administration if there was a trust.

With respect to the first two options there would have been a probate filing. Whether you are entitled to take over the land and house depends upon if title was in joint tenancy between you and your father, if there was a Will or trust or not.

Given the complicated nature of what you have written about, you should consult with a Wills and trust attorney. A great deal of investigative work needs to be done with respect to items I have written about in order to get answers to your questions.


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