My mom and her sister (my aunt) inherited her parents property, 2 parcels of land, upon their death. My mom is now deceased. Will my 2 siblings and I inherit my mothers 1/2 interest in the parcels of land? How should a sale of the land be handled? Can my aunt sell the land without our consent?
When your grandparents died the property sounds like it passed to your mother and aunt. It is not clear from the facts whether the property passed by deed (e.g., your grandmother could have owned the property by deed with your mother and aunt listed as joint tenants with right of survivorship), by will, or by intestacy (without a will). A deed should have been completed from your grandparent's estate to your mother and aunt. That deed is a key to answering the question you raised as to whether your aunt can sell the property without your consent. That deed may also be key to determining whether or not you and your siblings will see anything. If the deed your aunt and mother had listed them as "Joint Owners with Rights of Survivorship" (JTWROS) on your mother's death the entire interest in the property would go by operation of law (regardless of your mother's will) to your aunt. You and your sibs get zip. If the deed that transferred property to your mother and aunt listed "Mother and Aunt as tenants in common", then each of them owned a 1/2 interest in the property and on your mom's death she could designate in her will where the property would be transferred. If she listed you and your sibs, then that is where the property would be transferred. If your mom did not have a will then state law (intestacy) would govern. Another exception or answer could occur if your mother and her sister (your aunt) had an agreement governing the distribution of the property on her death. Many joint owners of property have a lawyer prepare and they sign a "tenants in common" or similar type of agreement. So, you may need to do a bit of research to determine what documents exist that govern the ownership of the property, the rights everyone involved might have in the property, and what you and your siblings will inherit, if anything. These issues might require the assistance of a real estate attorney as well as a probate attorney. The concepts and terminology above might be different in your state, so local legal advice is always necessary.
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