Legal Question in Wills and Trusts in Arkansas
How can I get the land in my name?
My mom passed away and never got a chance to make her will. She had always told my brothers and I that the land was to go to me so that I could make the rest of my life there. Since she didn't get a will does the land automatically go to all her living heirs? If so could they sign their parts over to me if they are willing to? How much time would thing take?
2 Answers from Attorneys
Re: How can I get the land in my name?
In AR, when a person passes intestate (without a will), their property is divided up according to statutory law. If the deceased had a spouse at the time of passing, the spouse will normally inherit 1/3 of the property, with the rest to the deceased' children in equal shares. If no spouse, then to their children in equal shares. If any of their children has already passed, then their children's children, if any, get their share.
So, in your case, if your mom passed in AR, and this property is in AR, the property will be divided among her spouse and children. If you will tell me if she had a spouse, and how many children she had, living or deceased, with or without children, I can tell you what percent each person gets.
Yes, a person that is to receive the property could simply quitclaim their share to you.
The amount of time depends on where it is and how long it takes to get everyone's signatures on paperwork, get it filed, etc.
I'd be glad to help you with this, if it is in AR.
Re: How can I get the land in my name?
If your mother held the property jointly with you with fight of survivorship, the property would pass to you automatically. Have you checked the title to the property?
Wayne Ball