What are my rights to land that was gifted to me, and that I have lived on for 14 years, after both parents are deceased? Do my siblings have any rights to it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to land that was gifted to me, and that I have lived on for 14 years, after both parents are deceased? Do my siblings have any rights to it?
My parents bought me a piece of land, in which I have lived
on for 14 years, but never put it in my name. My dad always
paid taxes on it. No one has ever lived on it except myself,
my husband and children. Now both parents are deceased
and my siblings want me to split the land with them. Do I
have ANY rights to this land? Kentucky
Thank You
Asked on January 1, 2017 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
They never gifted it to you if they never put it in your name: if it was in their name, then it was their still land. Living on their land with their persmission gives you no rights to it. (You did of course get the benefit of living their for 14 years without having to pay the land or pay the taxes yourself.)
If the land was, at it appears to be, still in their name, then when they passed, it would be distributed according to the directions of their will, if they had one (only a properly executed, signed, etc. will controls what happens after someone dies; their wishes do not count, unless they were put into a will). If there was no will, the land (and the rest of their estate) will be distributed as per the rules for "intestate succession" (who gets what when there is no will) in your state. In your state (and every state of which I am aware) that means that if there is no surviving spouse (e.g. both your parents are deceased, and neither had remarried and left a living spouse behind), the children will share or split the assets equally. so your siblings are entitled to a share of the land: either some of the property, if it can be practically divided; or part of its value, if it can't be divided physically and so must be sold and the proceeds then split.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.