How to check on rights to land?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to check on rights to land?
My father remarried after my mother died. He died a few years later. There is a plot of land that was always promised to us kids. Now the woman he remarried is saying that a Will my father made left the land to her and she is trying to sell it. We have never seen this Will; I’m not sure I believe it even exists. I checked into it and the deed to the land is in her name. Is there anything that we can do?
Asked on October 22, 2010 under Real Estate Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss and for your problems. If there was a Will then it would have been probated in the county in which your father resided at the time of his death. Probate proceedings are public records so you have every right to go and to see the Will and the check out what went on. Now, this seems odd because you as the next of kin - his children - should have received a copy of the Will, especially if you were cut out of it. You would have been given an opportunity to contest the probate. This is because under the intestacy laws in the state you would have inherited in the absence of a Will. I might consult with an attorney here as to your rights. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.