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My hubands dad died when he was 5 and left no will. He had…

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My hubands dad died when...
My hubands dad died when he was 5 and left no will. He had worked hard a paid off all of his debts. He owned some land and it was left in his name. Now my mother in law has put it into major debt and wants to divide it up among all of her children. She had to children later with another man that was a drug atic. Can she do this?
Isn't there a state law that protects the rights of the children to their father estate?
Submitted: 8 years ago.Category: Estate Law
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Answered in 1 minute by:
6/24/2010
Estate Lawyer: legaleagle, Attorney replied 8 years ago
legaleagle
legaleagle, Attorney
Category: Estate Law
Satisfied Customers: 13,441
Experience: Licensed Attorney for 7 years
Verified
If the land was left to your husband and put in his name she has no rights to give it to anyone, because he is the only legal owner. He can sue his mom for the debt she has burdened the land with.
legaleagle
legaleagle, Attorney
Category: Estate Law
Satisfied Customers: 13,441
Experience: Licensed Attorney for 7 years
Verified
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Customer reply replied 8 years ago
No you misunderstood. The land was in his dad's name and it was left in his dads name and his dad had no will.
Estate Lawyer: legaleagle, Attorney replied 8 years ago
Then the land needs to be probated. The wife would inherit part of the land and the son the other part since it was in the father's name only, unless she shows it was community property, then she did get claim to all the land. If it was community property then she can divide it however she wishes among her children even if they are not the children of his deceased father. You husband really needs to meet with a probate attorney to review the deed and determine who the actual heirs were and get the title transfered to the heirs.
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Customer reply replied 8 years ago
By community property does that mean that the hole familey lived on the land and no one else? Because he rented the property out aswell.
Estate Lawyer: legaleagle, Attorney replied 8 years ago
No it means that the wife and husband purchased it while they were married. It would be his separate property if he owned it before he married her or it was inheritance or a gift only to him.
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Customer reply replied 8 years ago
Thank you so much
Estate Lawyer: legaleagle, Attorney replied 8 years ago
You are welcome.
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