When a sibling passes away can his children sue the deceased's living siblings for part of the land that his name was never on?

The mother put the land in her children's name except for a son because he was going through a divorce and he agreed to it. He has recently passed away and his wife and children are suing for his part of the land.

Virgilina, VA -

Attorney Answers (1)

Robert William Haley

Robert William Haley

Probate Attorney - Bassett, VA
Answered

I doubt they will have success. No matter the reason, he was excluded from the deed from his mother. Unless there was some side agreement of contract, I doubt they will be successful.

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