Do I have rights to the land?

[gbug]

My grand father passed away around 30 years ago. At the time of his death he did not have a will. It is my understanding that the land that he owned would go to his wife and children. The family did not do anything at that time because his wife still lived in one of the houses on the land. His wife passed away around 10 years ago, again the family did not try to claim the land because my uncle was then living in the house. My uncle passed away this past week and now the family is deciding what to do with the land. As my father had passed away, my fathers children is being excluded. Do we have legal rights to the land due to the fact that he was living at the time his father passed away?

 

[army judge]

My grand father passed away around 30 years ago. At the time of his death he did not have a will. It is my understanding that the land that he owned would go to his wife and children. The family did not do anything at that time because his wife still lived in one of the houses on the land. His wife passed away around 10 years ago, again the family did not try to claim the land because my uncle was then living in the house. My uncle passed away this past week and now the family is deciding what to do with the land. As my father had passed away, my fathers children is being excluded. Do we have legal rights to the land due to the fact that he was living at the time his father passed away?

You should talk with a local attorney.

If your uncle lived on the land, he most likely made a claim by adverse possession.

If that happened, that is how yourr father's children (you and siblings) lost your claim.

An attorney might be able to right this wrong.

According to the laws of intestacy, your father's children would stand to inherit his share and divide it proportionately amongst themselves.

If there were 4 children of your grandfather, they each would take 1/4.

If your father had 3 children, you each get 1/3 of 1/4, which would be 1/12 of the land.