Legal Question in Family Law in Iowa
Land Inheritance
My father dies 2 years ago and never had a will.He had a share in a family farm and there are 3 kids who were to split it but my step-mother decided she wanted a share.Is there anyway we can fight this since we feel that it is our right to have our family farm or can she take part of it since there was no will?My father owned the land BEFORE they were married.They were only married for 3 years when he passed.Hope you can help.
1 Answer from Attorneys
Re: Land Inheritance
If the property is in NY you may be compelled to litigate, because NY is a "Recording" State, so... see a lawyer ASAP.
But, If the land is, what in the South (and some other states)is called "Heirship property" then you may have a claim or cause to believe the "new" wife should be excluded from a share, either under the state's law, custom, or the pre-existing land ownership docs.
The document/s that may be controlling are the wills, deeds and etc., of the original owner of the property, ie., a grand parent or other forebear, (not your father's expressed or unexpressed "will"}. Also, look to prior disposition schemes for the property (how did cousins or other relatives of similiar circumstance, receive their property).
Talk to older family members re the property and provisions made for the property to pass ONLYto blood relative descendants.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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