What are my rights to land that I was supposed to have inherited?
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What are my rights to land that I was supposed to have inherited?
My mother and stepfather had property together. She passed 1 1/2 year ago and he just passed. He didn’t get his Will finished as it was a sudden death. He has a sister claiming everything. However, the land was supposed to be passed to me; I have been living on it for 22 years. It is still in both of their names. Do I have any rights to this property?
Asked on December 11, 2012 under Estate Planning, Tennessee
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
If the land was in the name of your mother and stepfather as joint tenants, then your stepfather survived to the undivided one half of your mother's interest in the land. If your stepfather had not made a will designating the disposition of the property to you, then his next of kin, his sister would be entitled to the property. However since you had at least an oral agreement with your stepfather, the land was to go to you and you lived on the property for a long period, you should obtain probate litigation counsel to file a petition on your behalf in probate court seeking possession of the land; odds are you will have to enter some kind of settlement agreement with your stepaunt to resolve the matter.;
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