See Will from 1975, determine is will being upheld or false transfer occured?
My sister and I are sole heirs of our father. He and our grandmother promised us for entire life we would inherit 63 acres of family land that our grandfather supposidly placed in a trust that could never be sold, just hanbded down through the generations. Our father died two years ago, when we asked about the land we found out that 1 year before his death he and our grandmother tranferred ther land to his uncle. No reason was given. Dad was ill, grandmother has no recollection of it happening. We are wondering how to acces the original will to see if it has been violated or how to determine if an inproper transfer occured with people who were not in a codnition to make that descision
Answers:
The Will, if probated - will be on file at the county probate office.
If your father and grandmother transferred title to the land, however, they were within their rights to do so. Your uncle (your father's brother, I assume) would have inherited a portion of your grandmother's parcel upon her death if she died intestate as an heir successor (her son). If your father was ill - he may have transferred his parcel to his brother in order to maintain the integrity of the whole without having estate taxes devour it - it may have all been done with thought and careful planning.
If the land HAD been in a Will dated 1975 and subsequently assets listed in the Will were no longer in the possession of the deceased - there is no violation. You cannot use old documents (and if there were subsequent Wills the 1975 Will would have been destroyed).
Had their been a trust for the land, it would not have had several owners - it would have been owned by the trust.
Have you discussed this with your uncle (aside from the one time two years ago)?
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: