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Ichabod1055 · May 29, 2012, 11:06 AM

My husband owned 1/4 interest in his grandfather's estate which was comprised of a farm, a house on another piece of property which was his residence, and a few other rental properties. My husband's mother was an only child, so the grandfather left everything to his daughter and her three children divided equally in fourths. My husband passed away in August 2005. His will left everything to me. My mother-in-law wants to buy me out. She also wants to deduct 1/4 expenses on the estate. The grandfather died in 1969. His wife who was mentally incompacitated was to be taken care until her death with the estate income. This was done. She died in 1985. I believe that I came into ownership when my husband died. From the time that the grandfather died (1969) my mother-in-law has handled all income and expenses. When a rental property was sold she took out any expense and divided the proceeds in fourths. If we cannot agree on a price and she sues me for past expenses, haw far back can she go? Ten years? Only back to 2005? She never asked for any expenses to be covered by any of us when my husband was living. The only property that remains is 156 acre farmland and a house on a 3/4 acre lot.

AK lawyer · May 29, 2012, 11:27 AM

Originally Posted by Ichabod1055

... If we cannot agree on a price and she sues me for past expenses, haw far back can she go? Ten years? Only back to 2005? ...

It would depend on the statute of limitations in whichever state or country the property is located.

But you should know that there is a difference between "jointly owned" and owned in common. If your husband's grandfather left everything to his daughter and her three children jointly, you would not inherit any share. It may well be that it is owned in common.

Ichabod1055 · May 29, 2012, 12:33 PM

Thank you for replying -

In his hand written will he states that they "are to share and share equally". The state is WV. Does that clear up the ownership question?

AK lawyer · May 29, 2012, 01:02 PM

Originally Posted by Ichabod1055

thank you for replying -

In his hand written will he states that they "are to share and share equally". The state is WV. Does that clear up the ownership question?

The personal representative should have executed a deed (or, I suppose, the probate court could have issued an order) conveying the property to the mother and her three children. Ideally, as far as you are concerned, it would have said "... to __, ___, ___, and ___, as tenants in common."

There was a probate petition filed with the court, right?

Ichabod1055 · May 30, 2012, 04:54 AM

I have copies of the deeds to the properties where they were re-deeded to the daughter et al. All four names are listed below on that form.

The will was recorded at the time it was written at the county courthouse. I think the daughter went to probate as she was named the executrix.

I'm having problems with this site - it keeps wanting me to re-register - taking multiple attempts to get my replies to go... ugh.

Ichabod1055 · May 30, 2012, 04:57 AM

Gosh - not all of my reply posted - I think that the daughter must have had the will probated as I have seen where she was appointed the executrix, but I don't have a copy of the order. She did not, however, "settle" the estate.

AK lawyer · May 30, 2012, 06:37 PM

Originally Posted by Ichabod1055

... The state is WV. Does that clear up the ownership question?

Not really. You are still not clear on what the deed says. But chances are it's not a JTWROS, so you probably would have a claim to your husband's share.

The WV SOL is 10 years, unless it's considered an "open account", in which case it would be only 5 years.