Legal Question in Real Estate Law in Michigan

sale of land after fathers death

My husband's biological father died and had owned over 100 acres of farm land in michigan. His wife is wanting to sell this land. Is my husband and his two siblings intitled to either the land or part of the money after the sell. Or can she sell the land without their permission?


Asked on 8/26/08, 2:52 pm

4 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: sale of land after fathers death

This depends on a variety of factors. How was the land owned? Was the father the sole owner, or was wife a joint owner? Did they own as Joint Tenants, Tenants by the Entireties, or Tenants in Common? Additionally, was there a will or no? Without that information you cannot get a definitive answer. It would be a good idea to contact an attorney where the land is located to find out if there is anything that can be done.

Read more
Answered on 8/27/08, 2:04 pm
Renee Walsh LawRefs Nonprofit

Re: sale of land after fathers death

The answer depends on whether there was a will and what was in it. If there was no will, then the property would pass via the laws of intestate succession. Your husband is entitled by law to see the will. He can either go through the wife or the probate court. He can contact the probate court to find out if an estate has been opened. If none has, then he can open one and see that a personal representative is appointed.

If you have further questions or concerns, please contact me via my website at www.lawrefs.com.

Read more
Answered on 8/26/08, 2:59 pm
Timothy Klisz Klisz Law Office, PLLC

Re: sale of land after fathers death

it is certainly a probate issue that involves many questions I must get answered to advise you properly. Please contact me at www.kliszlaw.com to discuss in detail. Tim Klisz

Read more
Answered on 8/26/08, 6:04 pm
Timothy Klisz Klisz Law Office, PLLC

Re: sale of land after fathers death

it is certainly a probate issue that involves many questions I must get answered to advise you properly. Please contact me at www.kliszlaw.com to discuss in detail. Tim Klisz

Read more
Answered on 8/26/08, 6:04 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan