enheritance

[texast2]

What is the name of your state? Texas

I hate doing the "for a friend" thing, but im also curious about this.

Married for 27 years. His father (now deceased) willed land to all his children, and spouses. The land is in what they call "Land Lock" (don't know what that means). Now that this man is getting divorced, is the wife intitled to some part of this ranch? How would they dicide how much and what part. The father did not indicate in his will which part goes to whom.

 

[Boxcarbill]

What is the name of your state? Texas

I hate doing the "for a friend" thing, but im also curious about this.

Married for 27 years. His father (now deceased) willed land to all his children, and spouses. The land is in what they call "Land Lock" (don't know what that means). Now that this man is getting divorced, is the wife intitled to some part of this ranch? How would they dicide how much and what part. The father did not indicate in his will which part goes to whom.

While Texas is a community property state, property acquired prior to marriage, property acquired after marriage by gift, devise or descent and property awarded to a spouse in settlement of personal body injury is separate property. Since the ranch is inheritance (devised to the son by his father) it is his separate property. If the husband's father also devised the ranch to the son's wife (your post lacked clarity) then she also owns a portion of the property as her separate property. If the will does not state how much was devised to whom, then they both have a one half interest in the property as their separate property. One spouse can buy out the other's one-half interest.

"Landlock" means that the property has no means of access to it. An easements over another property is the cure.

 

[texast2]

Thank you for your reply. Sorry I did not clarify.

We can call the husband (h) and the wife (w).
Father to h willed all his children (4) the 2800 acre family ranch. He wanted this land to stay in the family, and not be sold out , like most of the ranchers are doing these days.

In the will it says : To my children and spouses, ect,,,,,, I leave the undivided 2800 acres at <<<<<< the address>>>>>>.

I would have to go get his papers to get more details , that is all I can remember reading. And now the (h) and the (w) after 27 years of marriage are getting divirced. The land was willed about 6 years ago , not exactly sure.
Thanks for not bashing the spelling, lol lol.

Thanks again,,

 

[Boxcarbill]

Thank you for your reply. Sorry I did not clarify.

We can call the husband (h) and the wife (w).
Father to h willed all his children (4) the 2800 acre family ranch. He wanted this land to stay in the family, and not be sold out , like most of the ranchers are doing these days.

In the will it says : To my children and spouses, ect,,,,,, I leave the undivided 2800 acres at <<<<<< the address>>>>>>.

I would have to go get his papers to get more details , that is all I can remember reading. And now the (h) and the (w) after 27 years of marriage are getting divirced. The land was willed about 6 years ago , not exactly sure.
Thanks for not bashing the spelling, lol lol.

Thanks again,,

If father wanted to keep the ranch in the family, he should have devised the property to his children. While it would not have guaranteed that the ranch would remain in the family, at least, it would have a better chance of staying in the family a little longer. But father cannot control the property from the grave. It is the hiers property, now. My answer stands. All children and their spouses have an interest in the land. If the other heirs want to buy out one of the other heir's interest, then they can do so. This spouse, i.e. the wife ownes as her separate propety an interest in the ranch in the same proportion as the other hiers.