Legal Question in Real Estate Law in Kansas
Mom selling our property
My mother leased our 15 acres to our neighbor 16 years ago, now the son of the lesee wants to purchase the property. My two sisters and I have been told by our mother numerous times in the company of witnesses that the land does not belong to her it belongs to us girls.
My sisters and I want to know what rights we have, if any, to the property and/or any monies that might result in its sale?
Thank you.
Sincerely,
Lisa--name removed--
1 Answer from Attorneys
Re: Mom selling our property
From what you are telling me, your mother is still living and has never made out or delivered a deed to you or your sisters concerning the property. A check of the County land records will determine whether she has made and filed a deed to you. If not there is likely no claim that can be made by you or your sisters on the property or the proceeds of the sale. Had you and your sisters paid the taxes on the property and/or otherwise contributed substantial improvements to the property in belief of a promise made by mother that she would leave it to you, or been taking care of her physical and financial needs in exchange for such a promise, then you might have some equitable claim of ownership. Otherwise the promise is not supported by legal consideration and is unenforcible.