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Comment on Wondergirl's post
The deed names a person and says "and their heirs". Does that give the named persons heirs any legal rights to the property or protect the named persons heirs from said person being able to sell said property without their consent... thank you for answering
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Comment on Wondergirl's post
Ok let me explain a friends grandmother passed away leaving his mother and her heirs some land in her will. The deed to the land now states his mothers name and her heirs on it .The deed is worded exactly as was the will. I'm just wondering what legal rights the heirs have to the land . Sorry for the confusion .
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Comment on Wondergirl's post
The heirs are not named it just states the mothers name and say's "and her heirs" the mother has four grown children which would be her heirs... The grandmother passed away before the two youngest were born and that is supposedly the reason it was worded "and her heirs" there was no way she could know how many children her daughter would have
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First, please don't use the Comments feature for follow-up questions or info. Use the Answer options at the bottom of the page. The will is moot here. This is a very fine point. If the deed has been recorded as Jane Smith and her heirs, I would think the heirs would not have to be consulted on a sale. Legally a heir is someone entitled to inherit from a person. Inheritance does not occur until the testator is deceased. Ergo, it could be argued that no heir exists until the primary is deceased. I would definitely consult with an attorney familiar with AL's estate laws. Because this is a very fine point and is more likely covered by case law than statute. |
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I agree about the meaning of heir. Until your friend's mother's will is read after her death (and she could change it with her last breath), there are no heirs. And she can make anyone her heir, even non relatives, and taxes and liens get paid first. Or she can die without a will, in which case state law determines who inherits.
So I don't see how your friend has any 'rights' to the property, and she can do what she wants with it. |
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The phrase "and her heirs" is just something some lawyers throw in out of habit. It was originally done that way for reasons that are lost to antiquity and lawyers commonly do thing "the way it's always been done" without knowing why.
It means that the property has been conveyed to the grantee absolutely, including not only for life, but down through the generations. The phrase to describe this form of land ownership is "fee simple absolute". If the person who has received the property wants to, however, he or she can sell it to someone else entirely and, if so, there is nothing left for the heirs. |
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