Legal Question in Real Estate Law in Delaware

Father Leaving Real Estate to Children

I am not clear from your question whetheran Estate was ever probated for your father.If your father left a will, it should have beenprobated in order to pass legal title to yourchildren. If the will left the property to you and your brother your brother's children would have a claim. I suggest you seek theadvice of a local attorney to review this matter. If the property was probated, therereally should not be a problem. You wouldonly have a problem if the estate was notprobated. There may be interest and penalties due to the state in the event of a failure to probate the will on any inheritance taxes that may have been due.

Paying taxes not determinative.

If the property was left to both you and your brother,and now your brother has died, his children mightbe entitled to half. That could be diminished if the courtsees that you paid taxes etc. for 25 years under a doctrinecalled adverse possession, for example, if you thought the property was yours alone, but that seems unlikely since youknow (knew) about your father's will.

Is your brother deceased? In what form is the title of the property? Was it held as "joint tenants with rights of survivorship" under your state's law? If so, you may have 'inherited'it regardless of his will. Anyway, you need a local attorney,versed in the real estate laws of your stateto help you with this issue. Good luck.