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Kasie

Child's rights to deceased parents property

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Mine, my mother's, and my sister's names were on my mom's land purchasing contract. My name was crossed out but I had already signed it. Am I still part owner now that the land is paid off and my mom has passed away? Shouldn't a new contract been made excluding me to make it legal? If my sister is the only legal owner of the land, do I have any right to anything my parents owned? Should I look into probate? I don't want any material objects. Just want to insure my children have some part of their grandparents legacy. 

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12 minutes ago, Kasie said:

Mine, my mother's, and my sister's names were on my mom's land purchasing contract.

 

Please explain what this means.  That your names are "on" the contract, by itself, doesn't tell us anything.

 

 

13 minutes ago, Kasie said:

Am I still part owner now that the land is paid off and my mom has passed away?

 

How could we possibly know?  We haven't read the contract, and you didn't describe it well.  Nor have we reviewed any title records for the home.

 

 

14 minutes ago, Kasie said:

Shouldn't a new contract been made excluding me to make it legal?

 

Not really sure what you're asking.

 

 

14 minutes ago, Kasie said:

If my sister is the only legal owner of the land, do I have any right to anything my parents owned?

 

Parents (plural)?  You told us nothing about your father (including whether he's alive or dead), so we have no way of knowing what you might be entitled to as far as he or his estate goes.  As far as your mother, the ownership of a piece of land has nothing to do with anything else.  Did your mother have a will?  If so, what did it say about who gets what?

 

 

15 minutes ago, Kasie said:

Should I look into probate?

 

Probably.

 

 

16 minutes ago, Kasie said:

Just want to insure my children have some part of their grandparents legacy.

 

I have no idea what this might mean (beyond obtaining ownership of "material objects").

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My mother and father were buying a piece of land they had built their home. When my father passed away, my mom removed his name from the land purchasing agreement and added mine and my sisters. She did that because she thought that when she passed away the land would be in mine and my sister's name jointly. She had no will. Before she passed I asked to be removed from the contract due to my own personal reasons at the time. She marked thru my name and put her intials. The land has since been paid in full. I'm not interested in obtaining any material objects for there value. Just don't think it's fair that only one of my parents children gets to decide how their personal items are given away or sold. Without giving me the option to keep what they are giving away. It's all about principal to me. Sorry if I'm not explaining it well enough! That's why I'm here to get help because I don't fully understand it all my self. To my knowledge my parents never had a title or deed or any thing on the property. I think they were waiting until it was paid off.

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4 hours ago, Kasie said:

When my father passed away, my mom removed his name from the land purchasing agreement and added mine and my sisters.

 

This is what you said previously, but it's a very fundamental rule of contract law that a party cannot unilaterally amend a contract (unless the contract expressly gives one party that right).

 

The land purchasing agreement was, presumably, between a seller and your parents.  Unless the seller agreed to amend the contract, your mother almost certainly had no ability either to "remove" your father's name or to add your and your sister's names.  Moreover, she had no ability to make you and your sister parties to the contract unless the two of you signed off on it.  So the question remains what exactly happened?

 

 

4 hours ago, Kasie said:

Before she passed I asked to be removed from the contract due to my own personal reasons at the time. She marked thru my name and put her intials.

 

See above regarding unilateral modifications.  It's simply not legally possible to add and remove people to and from contracts like this.

 

 

4 hours ago, Kasie said:

Just don't think it's fair that only one of my parents children gets to decide how their personal items are given away or sold.

 

What makes you think that's the case?  When a person dies without a surviving spouse and is survived by children, the estate gets divided equally between the children.

 

I strongly suggest you consult with a local probate attorney.  Bring the documents relating to the land purchase contract.

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Still not terribly clear.

 

There was a contract to purchase land.  The contract was between your mother and father and the owner of the land.  Was it a contract for deed or simply a purchase agreement?

 

So, your father died and you say your mother added you and your sisters to the contract.  Since the contract was then between your mother and the owner, did the owner consent to a new contract or modification of the existing contract?  Your mother did not have the right to unilaterally change the contract without the consent of the owner.

 

So, later you decided you didn't want to be on the contract. So, your mother crossed off your name.   Again, did the owner consent to this further change in the contract between him and your mother?  If not, the crossing off of your name was meaningless.

 

Finally, the contract was completed.  The owner was then required to tender a deed for the property.  To whom was the property conveyed.  Or, in other words, whose name was on the deed as the grantee(s)?

 

Until you answer the above questions, we cannot realistically comment on your situation.

 

 

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3 hours ago, RetiredinVA said:

Still not terribly clear.

 

There was a contract to purchase land.  The contract was between your mother and father and the owner of the land.  Was it a contract for deed or simply a purchase agreement?

 

So, your father died and you say your mother added you and your sisters to the contract.  Since the contract was then between your mother and the owner, did the owner consent to a new contract or modification of the existing contract?  Your mother did not have the right to unilaterally change the contract without the consent of the owner.

 

So, later you decided you didn't want to be on the contract. So, your mother crossed off your name.   Again, did the owner consent to this further change in the contract between him and your mother?  If not, the crossing off of your name was meaningless.

 

Finally, the contract was completed.  The owner was then required to tender a deed for the property.  To whom was the property conveyed.  Or, in other words, whose name was on the deed as the grantee(s)?

 

Until you answer the above questions, we cannot realistically comment on your situation.

 

 

3 hours ago, RetiredinVA said:

Still not terribly clear.

 

There was a contract to purchase land.  The contract was between your mother and father and the owner of the land.  Was it a contract for deed or simply a purchase agreement?

 

So, your father died and you say your mother added you and your sisters to the contract.  Since the contract was then between your mother and the owner, did the owner consent to a new contract or modification of the existing contract?  Your mother did not have the right to unilaterally change the contract without the consent of the owner.

 

So, later you decided you didn't want to be on the contract. So, your mother crossed off your name.   Again, did the owner consent to this further change in the contract between him and your mother?  If not, the crossing off of your name was meaningless.

 

Finally, the contract was completed.  The owner was then required to tender a deed for the property.  To whom was the property conveyed.  Or, in other words, whose name was on the deed as the grantee(s)?

 

Until you answer the above questions, we cannot realistically comment on your situation.

 

 

The seller agreed to remove dad's name and add ours. A new contract was sent and I signed it. Unsure if it was contract for deed or just purchase agreement. I was just told to sign it so when mom passed the land would go to me and my sister. 

 

I assume mom never got a new contract to exclude me. She simply crossed out my name, thinking that was good enough. Wouldn't I have had to sign something else agreeing to take my name off?

 

I have no copies of any documents. My sister has all the paperwork because she is living in my parents home and that's the address where everything is sent. She showed me a piece of paper she said was the deed. I didn't read it. Just glanced at it because I wasn't concerned at the time if I had any ownership in the property. I did see her name and my name. My name crossed out. Just the way it was on the contract. Can i get a copy of the deed or at least find out whose name the land is legally in now without going thru her? Now that you've told me told by simply crossing out my name was meaningless. I need to knock her off her high horse. She controls every aspect of my parents estate. She decides what gets sold and 

what gets given away. Without the simple courtesy of even mentioning it to me until after the fact. Now I'm being told to get my own personal property, that I have stored there, out of there or it's getting burned.

 

I hope I've explained it a little better. 

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Your rights regarding the piece of real property are apparently subject to a contract and a deed.  You don't have either and need to obtain copies.  The deed can be obtained from the local county clerk or county recorder's office.  If your sister won't give you a copy of the contract, that's a problem.  Your rights regarding your mother's estate are subject to the intestate succession law of her state of residence.  Typically when a person is survived by children and no spouse, the estate is divided between the children.

 

I again suggest you consult with a local probate attorney.

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