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My dad left my kids some land (to be kept by his wife until her death). She sold it three months ago. HELP!?
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My dad left my kids some land (to be kept by his wife until her death). She sold it three months ago. HELP!?

My dad died in 2001 of cancer The land was to be kept by his wife until her death then turned over to my son and daughter. The will he had was the type you pull off the internet and it was never notarized, although it was witnessed. We recently found out that she sold the land three months ago. What can we do to rectify the situation?


    




TotalRecipeHound
You can't rectify it. She owned it. She can sell it. She's the one paying the taxes and upkeep on this property. Don't angst yourself over this. Your father has more obligation to his wife than to your kids. If it was a huge issue to him, he would have gone to a lawyer and transferred the land into a trust which would have then obligated your kids to pay the taxes instead.

Did you or your kids offer to pay the taxes and/or assessments all this time? Then you would possibly have a case for getting some of the money. If not, it was not your problem, but was hers. Not hers any longer.

BTW, even if it was notarized, it wouldn't have made any difference. She OWNS the property outright. A will cannot dictate what the owner does with the property, but a trust can.


Love my kittys
Rating
I think you should see an Estate Attorney. Good luck.


krissylyn
Rating
Call a lawyer, but I think you're out of luck if the land was in her name only, which it must have been if she was able to sell it.


Grow Up!!!
Well wasn't that sweet of her..NOT!!

Not that it matters but did she at least have the decency to tell your kids why?

That is just SO wrong... I would be afraid I would burn in you know where if I did something that childish and selfish. I am of course assuming she did not have to pay off some monstrous debt due to your dad's illness--even then though she should have ask the family to come up with some solutions--NOT sale the land. Work a second job--but not sale the land.


Clementine
I would try to find out about the will - and with having that will, if she could do that. Maybe go to a lawyer, who handle estates, and you may be able to get an answer over the phone, or free consultation. Good luck!


Seriously?
Contact a lawyer. If it wasn't officially and legally given to the children (ie. notarized and filed) - you are going to be out of luck. You can contest it - but you will most likely have a 50/50 chance at reclaiming it. Good luck!





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