if my father had a share in some land that had oil on it and he dies would and my sister be entitledtothis property
Seattle, WA
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Posted 8 months ago in Probate
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If my father had a share in some land that was spilt three ways and he passes on would me and my sister be able to inherit his share.
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Answers (2)David G. Weilbacher, Esq.
This attorney is licensed in Ohio.
Posted 8 months ago.
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This is a more complicated question than it may seem. Has the person who paid for the funeral been reimbursed? Have the debts of the estate been paid? If everything with the estate has been settled except for the disbursement of the inheritances, then yes, yo and your sisters may have equal interests in the share, as long as the share is not restricted in some way that requires it to be sold back to the company.
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This attorney is licensed in Washington and 1 other state.
Posted 8 months ago.
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Dear Seattle,
With a question like yours, it's hard not to be a "two-handed lawyer," on one hand this, and on the other hand that. In any event, the first immediate issue is: Will your father leave a Will? If so, his property should pass according to his Will --- if his Will does not provide for you, you won't get anything. Next issue: If your father dies without a Will, will he be married at death & survived by a wife? And if so, is the property community property? If both, then the property should pass to his surviving wife by inheritance. If he is survived by a wife and the property is separate property, then the property should pass one-half to her & the other half equally among his children. If no wife, then the property should pass equally among his children. Community property = property acquired during his marriage. Separate property = property brought to the marriage or acquired during marriage by gift or inheritance. In all of the above, I'm ignoring other issues, such as debts, taxes, and administrative expenses --- and also assuming that his interest in the land is in his estate at death (for example, it's not owned as joint tenancy with right of survivorship). Sincerely, Richard Wills, WSBA 19720 www.washington-probate.com |