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Subject:
Heirs to real estate
Category: Business and Money > Consulting Asked by: rgrif-ga List Price: $20.00 |
Posted:
08 Jan 2003 09:31 PST
Expires: 07 Feb 2003 09:31 PST Question ID: 139293 |
The town has determined that my great grandfather owned a large parcel of land and is going to take it by eminent domain. Since there is no will, who are the heirs? My generation or does it include my children and grandchildren? | |
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Subject:
Re: Heirs to real estate
Answered By: tutuzdad-ga on 08 Jan 2003 14:54 PST Rated: |
Dear rgrif-ga; Thank you for allowing me an opportunity to answer your interesting question. Should you need to research this further, what you are interested in is called the “Massachusetts laws of intestate succession”. According to Massachusetts probate law, (refer; Massachusetts General Laws; Chapter 191, Sections 1+) concerning intestate succession (distribution if decedent leaves no will): If children survive the decedent, but there is no surviving spouse, all of the estate goes to the children equally or to their children per stirpes. In lieu of this scenario, these are the following manners of intestate succession: “Parent(s), but no spouse or children surviving: All to parents equally, or to the surviving parent.” “No spouse, children, or parent(s) surviving: All to brothers and sisters equally or their children per stirpes; or if none, to the next of kin.” Definition of “Per Stirpes”: A system of inheritance under which children inherit the share that their parent would have inherited had the parent survived the decedent. For example, say X’s will leaves half of his estate to each of his two children, Y and Z. Y has one child, Z has nine children. Z dies before X. When X dies, Y gets 50% of X’s estate and Z’s children divide the remaining 50% among themselves nine ways. If Y had also died before X, then Y's child would get 50% of the estate and Z's children would split the other 50% of the estate. FINANCIAL PLANNING TOOL KIT http://www.finance.cch.com/pops/gl_perstirpes.asp I hope you find that that my research exceeds your expectations. If you have any questions about my research please post a clarification request prior to rating the answer. I welcome your rating and your final comments and I look forward to working with you again in the near future. Thank you for bringing your question to us. Best regards; Tutuzdad-ga INFORMATION SOURCES “Massachusetts Will Statutes” ‘The law of Massachusetts regarding wills.’ http://www.uslaw.com/library/article/nowlmassachusetts.html?area_id=14 FINANCIAL PLANNING TOOL KIT http://www.finance.cch.com/pops/gl_perstirpes.asp SEARCH STRATEGY SEARCH ENGINE USED: Google ://www.google.com SEARCH TERMS USED: Massachusetts laws intestate succession Massachusetts probate laws Massachusetts will inheritance law |
rgrif-ga
rated this answer:
I appreciated the answer and it gave me good references |
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Subject:
Re: Heirs to real estate
From: 4keith-ga on 08 Jan 2003 11:45 PST |
When there is no will, then the heirs are naturally assumed to be the great-grandfather's children. If any of them are still living, they may want to consult with a real estate attorney (who has some experience with eminent domain and probate matters) to get advice about whether or not they should go through the process now of having their names legally added to the property title now (whether it would be necessary or worth doing or not). Do you know whether or not the heirs are going to be compensated at all for this property or not? SINCERELY, 4keith-ga |
Subject:
Re: Heirs to real estate
From: 4keith-ga on 08 Jan 2003 15:41 PST |
1-7-2003 I'm sure that any attorney would tell you that YOUR children and grandchildren would not qualify to receive any money from this distribution, since they would not officially become YOUR heirs until you die. Of course, if YOU wanted to leave them some of this money from your own estate under your own will, then that is perfectly allowable. SINCERELY, 4keith-ga |
Subject:
Re: Heirs to real estate
From: expertlaw-ga on 08 Jan 2003 15:51 PST |
Contrary to 4keith-ga's suggestion, you should not take the laws of intestacy for granted. When somebody dies intestate (without a will), each state will have a mechanism for determining intestate succession. While typically the heirs at law of a person who dies intestate (with no living spouse) will be that person's children (if the person had children), it is always appropriate to check the laws of the jurisdiction in which the assets are located before jumping to a conclusion. |
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