Legal Question in Wills and Trusts in Wisconsin
Grandfather had a will but deeded land to children before he died
My Grandparent have a will, yet they deeded land to my father and his three siblings. My father however died in May of 2002 and then my grandfather in Jan of 2003. My question is this - Do my brother and I recieve my fathers portion of the land. The Deed Reads my fathers name and then lists his two sisters and brother.
Thanks
2 Answers from Attorneys
Re: Grandfather had a will but deeded land to children before he died
Hello, it is difficult to give advise without all the facts and that is the case here too.
It appears likely you will get your father's share if he had a will and left it to you, or if he did not, if you are the closest heirs. However, you should have an attorney check this over to make sure, and then you will need to get your name on the deed, perhaps with a probate.
Best wishes, Mark J. Mahoney 920-984-4529
Re: Grandfather had a will but deeded land to children before he died
Since your father's name is on the deed, his estate will have to be probated to determine who receives his interest in the property. This could also be affected by any owner agreement your father may have had with other owners.
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