Property with no will - Posted by James Quinn

Posted by Rick Harmon (CA) on January 19, 2006 at 10:08:24:

Most State’s statutes or at least case law has resolved that adverse possession is not an option for a person who either stands to receive property as an heir under intestate succession, beneficiary under a will or having acted as fiduciary as personal rep. (exec./Admin.) of a decedent’s estate.

Every State in the Union has “laws of consanguinity” which is a $10 term which spells out the order or who receives the net distributable assets (what’s left over) from a decedent’s estate (absent a will leaving assets to certain recipients).

What typically happens is that someone who is in the “foodchain” hires an attorney to open a probate case in the local Superior court, establish that there’s no will (if that’s the case) and then determines who are the rightful heirs. If any heirs are dead, their childen (decedent’s Grandchildren) may step into their shoes and receive, collectively, what their parent would have received.

So, If Great Aunt died, and her next of kin also died, then the law would look first downward to see if thre were any children, granchildren, great grandchildren, etc. If Great Aunt was childless, the court would go up one generation to her parents (probably long gone now) and then down their children, etc.

The best resource to resolve this matter is a probate attorney and not so much a real estate specialist.

Property with no will - Posted by James Quinn

Posted by James Quinn on January 16, 2006 at 12:58:29:

My great aunt died several years back. Her will was never found. She was the owner of 170 somethings acres which was her fathers land. After she got sick my uncle started to pay the taxes on the land. He had a portion of the land already given to him to build his house on. Now, my uncle has past. Now, some of my aunts nieces and nephews are trying to take this land. What does my aunt need to do. Isn’t there somekind of homestead or squatting laws that says that she has sole rights to this land. Especially since only her and my uncle were paying the taxes on it since 1994? This land is in Virginia.

Re: Property with no will - Posted by maria concepcion

Posted by maria concepcion on January 18, 2006 at 11:50:03:

In Connecticut there is a law called Adverse possession.Which means that if I take over the property and take care of it for 15 years it is mine automatically.You need to find an Attorny that specialize in Real Estate.Wealth Intelligence Academy: Knowledge - Wealth - Achievement thats a web for a school on Protect Your Assets Instructors are the Anderson Law Group…If you win through me an acre.LOL…Maria