Legal Rights To Deceased Grandparents Land?

Question

My moms grandfather passed away about 5 years ago but when he passed away he left no will stating who would receive what, now here we are here 5 years later and the real estate market is down but they are putting up commercial property everywhere so my mom and here aunts and uncles decide to sell the land. But my moms mother passed away just recently and she was considered an aire to 2.2 acres out of the 8.8 acres of land that he had left behind. But my mothers aunts and uncles have already signed a contract to sell the 8.8 acres and my mothers signature is not on that paper. Me and my mother thought that something was wrong with this because her aunts and uncles inherited there parents land, but never settled it until just recently but my mothers mom is now deceased. So wouldn't my mother be in-titled to the 2.2 acres that was in-titled to her mother before she passed away and if so could we take legal action against her aunts and uncles which decided to put the land up for sale

Update:

without first consulting my mother? Thanks in advance for your help.

StressedLawStudent · Accepted Answer

Without knowing the intestacy laws in your state, this is difficult to answer. However, if your mother was an heir, then she owned part of the land that was sold. She can bring an action to receive  money for her portion of that land. As for your grandmothers land, if she died with a will, then the person named in the will owns that section. If she died without a will, then the intestacy laws govern who is entitled to her land. And if its your mother and her siblings then they need to divide it up between them.

FYI--an earlier poster was wrong. Most states do not allow joint tenacy with rights of survivorship per se. So even if your grandmothers name had been on the deed with your grandfathers, your grandfather's half would pass to his heirs. A deed with both owners names does not make the property be non-probate property.

dont know enough · Answer

Your mother should be entiltled to her mothers share. Since her mother was living and inherited the land, the 2.2 acres would be passed to her heirs. Property passes down, so a spouse or child would inherit, not a sibling. She really needs to find an attorney to see what she can do about it.

dlk · Answer

If your grandfather and grandmother had both their names on the deeded property, the property would have gone to the grandmother upon your grandfathers death.  When your grandmother passed away, and if there is no will, it all needs to go through probate court.  I do not believe anyone can sell this land until this is done.  The probate court will decide who the land goes to..........if it is a single person, or divided up among several.  To sell this land beforehand is illegal.

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Legal Rights To Deceased Grandparents Land?

3 Answers