Property owner dies inestate but had specified X as his heir while leasing it. Can X inherit on that basis?
931138
If the property is in the U S and the person died intestate than the laws of succession will apply.  Under this law the brother would have first claim on the property.
393440
She can do this, but it may count as a taxable gift since she will have basically deeded over 1/2 interest in the property to you.\nBetter that she puts the property in a trust with her as the trustee and you as beneficiary.  It can then pass to you with no tax consequence and avoid probate.
664946
Whoever owns the land owns all the air space above it.  I'm guessing you could make some arrangement with the owner over the use of the property, but the airspace wouldn't be subdividable (i.e. you could never split it into an individual parcel).
7760
A life estate, at common law is an estate in real property that ends at death. Although it is technically a tenancy (the holder is called a life tenant), it is treated the same as a fee simple with respect to the constraints upon its use for the duration of the estate.\n\nSince it ends at death, and the owner of the life estate cannot leave it to his heirs or convey a larger interest in the land than what the owner actually owns, a life estate is not an estate of inheritance. Life estates are measured either by the life of the owner of the estate, or by the life of some other person; these latter are called life estates pur autre vie, Law French for "during someone else's life."
431814
No you cannot. In order to inherit from a person you must have a blood or legal relationship with him/her. When you divorce a spouse your legal relationship is void.
798682
you can not put something that doesn't belong to you in a will. If he has a landlord then he cannot put it in a will. So the land lord has done nothing wrong.
1126734
It's always good to be precise with terminology, especially in the field of law. Joint owner could refer to either "owner in common" or "joint tenancy (owner) with rights of survivorship". Each works differently.\n\nOwnership in common simply means both parties have equal access to and use of the property, be it a house or a bank account. Each person's interest is separate, and no special rules apply for inheritance or transfer.\n\nJoint tenancy (ownership) with rights of survivorship mean that upon one person's death, the other person automatically inherit the other half property as an operation of law. So, for example, if two people owned a house in joint tenancy, and one died, the other would get the whole house, regardless of what the deceased person's will said. In almost every state, joint tenancy operates outside of probate, so the will does not take effect. Same would generally apply to other types of jointly-owned property, including bank accounts. However, be aware of Community Property laws, which exist in some states, and make things even more complicated.\n\nI can't find any references to "name of convenience" as a term of art or having special meaning in the banking or legal industry.
480483
was the property left to that sibling in the will?  You really need a lawyer for such a thing, it gets complicated.
1010433
keep in mind that all property passes to the surviving spouse when one spouse dies...unless otherwise specified. Even though there was a will...unless it specifically states a division of assets...you might be entitled to nothing. If the two were divorced, it complicates things if the will was not updated. Also, if you are a minor, you have less control than if not a minor.\n\nHowever...the fact that a will was not shown to you IS curious. Do what the first person said. A will becomes public information. Go get a copy! It will just be a few bucks copying charge and then you'll know....
647864
First of all, it depends on when you inherited it and when you are selling it.\n\nYour "basis" in the property is what it was worth at the time of the death of the person you inherited it from.\n\nIf that was a while ago, the property may have increased in value.  If it was recently, or in an area not experiencing increased value since you inherited, it may be at or near the same value as your "basis" at the time of their death.\n\nThe difference between your "basis" and the current sales price of the property is called the "capital gain" and it is all that you will be taxed on.\n\nEXAMPLES  \n\nIf value @ death was $35,000.00 and you are selling for $35,000.00 - NO TAX (no gain because the basis is as same as the sales price)\n\nIf value @ death was $25,000.00 and you are selling for $35,000.00 - $10,000 Taxable Capital Gain\n\nAs for the tax rates, that is where my expertise pretty much ends.\n\nThere are Long Term Capital Gains and Short Term Capital Gains, and I do not know the length of time for each, nor whether or not there is a difference because the property was inherited and not purchased.  They are taxed at different rates, and those rates have nothing to do with your income level or any other particulars other than the time the capital asset (the property) was held by you. \n\nFor this you will need to speak to an accountant or tax advisor, but I hope you have a better understanding now of what questions to ask to get a complete answer from them.\n\nGood luck and take care.
881640
Here are the basic principles: http://www.italianlaw.net/services/inheritance-filings/\n\nIt is best if you can locate the notary (family and property lawyer) who  handled the succession.
936346
There's a couple things they should consider: First, as previously mentioned, joint tenancy gives automatic survivorship rights to the other party if one party dies.  This is great for a married couple, not good for two unrelated guys buying a home together.  They should probably take title as "tenants in common".  This is usually done with investors, and anyone else that may not wish their stake in the home to go to the other party with no compensation.\n\nSecond, and BEFORE THEY CLOSE, they need to find an attorney who can advise them on a couple issues.  First, what happens if one person dies?  If your BF's friend dies, his stake in the property is locked up in probate for a while.  A will should probably be drafted for both parties to address what happens to their stake.  If the BF's friend leaves his stake to his parents, is there a buy/sell clause?  Your BF should have the right to buy out his partner's stake, before being forced to sell the home to cash-out his heirs.  \n\nLastly, the will should probably address the survivor's rights to collect on payments for X amount of time, or something to protect your BF from having to make 100% of the payments during the transition period.\n\nAssuming this is being purchased as an investment, they may wish to incorporate themselves, to protect their personal assets against lawsuits, etc...  They can potentially purchase the property and quit-claim the deed into their corporation's name.  It is very common for partners like this to purchase some form of cheap term life insurance to cover the other in case of their death. \n\nBottom line, he has no business completing this transaction without spending a couple hours with a competent real estate attorney.  A few hundred bucks today could save many thousands later, if for any reason tragedy did strike.  \n\nThe attorney can always draft the purchase agreement for you for a nominal cost.
250265
Possibly yes after a person dies the debt collectors go after the estate. So if her name was on the deeds the might be able to. It is something to talk to a lawyer about.
1132874
There is always a will.  If you don't write one for yourself the state provides you with one as a state law, determining who will get what when.  There has to be property that is not held in joint tenancy which bank accounts and homes normally are.  You have to probate the will at the place where your father was domiciled and in any place he held real estate that was not in joint tenancy.
984354
You can hold just about any type of property, including real estate, cars, stocks, and bank accounts, in joint tenancy with someone else. You can even hold property that doesn’t have documents of title in joint tenancy, as long as you show intent to do so and state law allows it.\n\nIf she wanted her son to be able to make deposits on her behalf, she could have added his name as a joint tenant of her bank account. Note that as a joint tenant, the son can make withdrawals and he automatically keeps the money in the account when she died -- even if the will states that all assets are to be distributed equally among the children. \n\nSince the organization was dissolved prior to her death, the funds revert to the the person who opened the CD.  If the Joint Tenancy was with a person/beneficiary, other than the dissolved organization, that person is entitled to the proceeds of the CD.  Otherwise, the CD belongs to her estate.
1071998
O.K., you need to tell me more details. Like what state you're in and what kind of estate you're dealing with. I work in title so I can resolve your question, I just need way more information...Was there a will, did the landowner die intestate, were there any heirs, have there been suits of use and possession filed.....too much to list, to answer this you need to start from the beginning. e-mail me and we can maybe get this resolved...Provided the will is simple heirship and the estate has no debts, the executor does not have to file.
936240
Ignore all of the above answers.  They are plain wrong.\n\nIf he died without a will, the law of "intestate succession" in Ohio will determine who gets what portion of his estate, or his assets.  Generally speaking, the law of intestate succession provides that the estate will go to the spouse, and if the spouse died first, then to the children, if any. So if you are his only child, generally speaking, you should get everything.\n\nIn order to settle an "intestate" estate (one in which the person died without a will) the next of kin must go to the local surrogate to have administrator appointed (In contrast, if a person dies with a valid will, this step is uneccessary, because the will will ususally appoint an executor in its terms).  The person seeking to be the administrator of an intestate estate generally has to post a bond (but may vary in Ohio, depending upon Ohio law) to protect the administrator from screwing over the beneficiaries.  \n\nOnce appointed, the administrator has to "settle the estate.  That is, marshall (or gather) the deceased person's assets, pay his debts, and then, if anything is left over, distribute the residue (what's left over) to the beneficiaries.  \n\nIf your father had assets, and no real debt, and you think there will be a good amount of money left over from his estate (the "residue") and you fear your aunts will steal what is rightfully yours, you should hire an Ohio lawyer to 1) contest them being appointed administrators, and 2) have you appointed as administrator instead.   This will cost you money, but it will generally be paid out of the residue of the estate.  In other words, the lawyer will try to have you appointed as administrator, and if he is successful, he will help you settle the estate, and take his fee from the residue (what's left over after all debts are paid). It is very much worth the money.  \n\nIf you do get cheated, you might be able to resort to the bond which the administrator likely had to post.  Contact a lawyer to find out how.  \n\nGo to www.martindale.com to find a lawyer who practices estate and trust law in the county in Ohio in which your father resided or died.  Do not delay in contacting a lawyer, as the sooner you challenge your aunts actions, the better.  \n\nGood luck.