What are a child’s rights to inherited land when there was no Will?

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What are a child’s rights to inherited land when there was no Will?

My mother died 7 years ago without a Will. She owned land which I have paid taxes on. I have 2 other siblings who do not pay taxes towards the land. When my mother died, a lawyer drew up a document, which I forget the legal term, that allowed me to seize any legal property of my mother’s (autos and bank accounts). I now live in another state but I would like to get the land put in my name since my mother’s is still on the land. My siblings do not pay taxes or anything towards the land. What can I use to allow me to seize the land as a descendant without me having to split up the land for my siblings?

Asked on January 11, 2012 under Estate Planning, Louisiana

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Let's start from the beginning. First, your Mother died "intestate" meaning that she died with out a Will.  Thus, the distribution of her estate is made pursuant to the intestacy laws in your state.  Now, I am betting that you and your siblings share equally under the statute. That would mean that you have no choice but to split the estate with your siblings.  I am leery about what the attorney "drew up" for you to sign. If it was anything in contrary to the rights of your siblings it could be a big problem for you and the attorney. As for the payment of the taxes and the upkeep, you are entitled to a set off - pay back - for the share they were to pay: two thirds as you were obligated to pay a third, unless you were paying it from your Mother's bank account.  And I would start writing down what you seized that was part of your Mother's estate.  You will be liable for any dissipation of assets.  Get real legal help here.


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