Legal Question in Real Estate Law in Illinois
my grandfather own land in Arkansas. when he died, the land was left to his three children. among the children was a man who died, which was m father. so, when he died i figured that the land was left to me and my brother, because he was never married. one of my grandfathers children, who may of been power of attorney, my aunt sold her portion, my decease father's portion, and my uncle portion. she never ask me or my brother if we wanted to sell. i didn't find out until after the transaction was done. do i have a claim, and should the claim be against my aunt or the buyer?
2 Answers from Attorneys
You will need the help of an attorney licensed in Arkansas. For example if there was a will your aunt may have had the power to sell the property including all portions and then how the proceeds were to be divvied up would be determined by the will. If there was no will it will depend on Arkansas law as to how property passes along to the children of deceased heirs.
Consult an Arkansas attorney, who will want to get a better understanding of the facts. You make it sound like your father was alive to inherit his interest and died afterward. If that is the case, his share should pass through his estate unless there were unique terms to the inheritance. If your father died before he became entitled, then it will be important to look at the exact wording of how the property was left.
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