If land is left between 3 sistersbut 1 of them dies, what rights do the 2 surviving sister have?

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If land is left between 3 sistersbut 1 of them dies, what rights do the 2 surviving sister have?

The land was not distinctly divided. It is 900 acres of timber land, the sum of which was/is to be divided after timber was cut and or land sold. Since, 1 sister is deceased, her part was left to her husband. The Will stated that the 3 sisters were to be in agreement regarding the affairs of the land. Now that 1 has passed, does the husband step in on the deceased behalf or are the affairs now left between the 2 living sisters when it comes to agreement on what is to be done? The husband seems to be ruling over now. This can’t be legal.

Asked on February 26, 2012 under Estate Planning, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the deceased sister's husband has ended up inheriting his wife's interests in the property that you are writing about, you unfortunately have a non-family member as a partner in the 900 acre property that you are writing about. If the Will states that all three owners need to be in agreement over the situation concerning the property, the surviving husband cannot unilaterally dictate how decisions are to be made.

I suggest that you and your sister consult with a Wills and trust attorney to assist you in this matter since I see a lot of problems coming up with the surviving husband.


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