the question is about the land m y father inherited from his mom via his grandfather. There is an oil well near his land which my mom continued to keep all the proceeds from til she died. She didnt want me in the familly so im told I am not a part of the family and i have no inheritance. The home was my grandmothers and when she passed it was passed on to the youngest child as it was just the old way. My brother and sister have taken the land as far as i can find out. I was told my mother said I would get nothing. My father said it was to be equally divided at his death to all three of us. Can my mother write me off and was it legal for her to cash the checks from the oil well and not give everyone thier share as daddy stated. I was also told she wanted leave it to her grandchildren .
Much depends on whether either parent had a will or not. Generally it doesn't matter what your father said if he died without a will. In that case, his estate is distributed according to state law and your mother may have inherited everything of his. If he had a will it should have been probated and your options are now severely limited with respect to your probate options for his estate. FYI most wills generally leave a deceased spouses property to the surviving spouse anyway.
So it is likely that your mother inherited all of your father's stuff. In that scenario it was not illegal for your mother to keep the oil royalties.
Now that your mother has passed away, all of the property is split equally among the children if she had no will. If she did have a will, property is distributed according to the provisions of the will.
You as an "interested" person may begin a probate proceeding by filing an application in the probate court of the county in which she died. You are going to have to have an attorney so you should find one before you spend too much time on it yourself.
Use Avvo's Find a Lawyer tool to locate a probate attorney in your area and have everything sorted out now. Be prepared to spend a little bit of money to have things done correctly or risk spending much much more when a problem arises later.
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You need to speak with an experienced probate and estates attorney right away. There is a lot of sorting out that needs to be done in order to answer your questions. You don't say whether your Dad had a will, just that none was probated. You may file your application to probate your Mother's estate and obtain an order from the Court directed at any person who has a will of your Mother to bring the Will to Court. Part of what must be established in your Mother's probate case is: What is in her estate? If there is no will for either of your parents, you will be entitled to a portion of the estate, regardless if you have been verbally "disowned." Good Luck!!
With your father having passed none years ago and your mother having passed this year, it is likely that your father's assets passed to your mother.
As a potential heir, you can initiate proceedings in probate court. There are many substantive and procedural issues that will affect your case. Contact a probate lawyer in your area.
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