Legal Question in Real Estate Law in Canada
rights
My brother passed away in 2000 with out a will. He had one son who he had not had any contact with since the child was 4. He is now in jail and has been in and out of jail since he was 18.He has not made any attempt to take over the farm .He has gone there in between jail sentences. Do my sister and I have a right to my brothers property?And what would our recourse be / Thank-you Gwen
2 Answers from Attorneys
Re: rights
You have no right to the property but you may have a right to administer it. However, if the son is over the age of majority he would probably have the prior right.
Re: rights
The answer depends on what state or province that the land is located in and what state or province the deceased died in. If it is in British Columbia where I practice, then the son gets the estate. A similar result would I believe occur in most jurisdictions but there may be some exceptions. A call to a local lawyer who practices in the area of estate law should get you a quick answer.
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