Legal Question in Wills and Trusts in Minnesota
undivided interest divided?
My father and mother put a half section of farmland in my and my brothers names. It was done as a warrany deed with life estate to each of them. This was done in 2002. My father passed away in 2004. My mother pays the taxes and collects the land rent. The deed is listed as undivided interest. My mother wants me to choose which quarter I'd like. Can she do any changes to this. Even if she were to specify which quarters go to whom in her will, wouldn't the deed take presidence over the will? In the event of her death and the land isn't divided, would it ever be able to be divided?
1 Answer from Attorneys
Re: undivided interest divided?
If what you say is correct and the deed creating the life estate was done properly, you are entirely right. Your mother no longer has an interest in the land that she can pass by will. It already belongs to you and your brother, subject to her life estate.
How to divide the property or whether to divide it is up to you boys now, not her.
This response is for general information purposes only and does not create an attorney-client relationship.
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