Expert: William Cady Date: 5/4/2007 Subject: 1) joint land ownership with parents 2) estranged sibling 3) my will
Question I live on a piece of land I bought into with my parents 27 years ago. (originally 36 acres, now only 16) My name was added to the title about 13 years ago when the land was paid off. My parents wills of 13 years ago specifically states their directive that my brother is not to inherit anything from their estate. My father died 7 years ago, and unbeknownst to me, my mother did not probate the will because she could not find it. My copy had burned with my home just months before my dad's death. I found out about the lack of probate early in 2006 when 1.6 mineral acres from his grandfather's homestead in Oklahoma needed to be leased. I then had a lawyer file a muniment of title, to protect the land we live on. And the mineral acres have been transferred also. My questions are these: Am I likely to have trouble when my mother passes, since her will is already 13 years old? My brother has a grown son, a disabled daughter, and a vindictive wife. Her half of the land is the only real asset my mom has, and was bought through the Texas land Bank. Do I have sole right of survivorship? If someone contested the will what could they go after? The next question regards my will and my children. I remarried almost 4 years ago, and I wish to leave the land to my daughters. But if my husband survives me, I want to allow him to live as long as he wishes in my house. I don't want to leave the land to him because he has an estranged daughter, and his will leaves all to me, and does not mention my daughters. Is it possible to do things this way?
Answer This is a complex situation and I hate not being able to give you an answer. The best thing for you to do would be to contact a real estate attorney and present this situation to them. No real estate agent or broker should be giving you legal advise which in my opinion is what you need.
