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Inherited Land no will

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STX101

Junior Member
What is the name of your state? St. Thomas USVI

My Pop passed and allegedly does not have a will. However his assets consist of some real property in which his name alone is listed on all deeds. Their are 3 heirs of the estate and his second wife.

Question: Is the wife entitled to any portion of inherited property?


There is a property being leased that the wife feels equitably should have been recorded as tenants by the entirety or at least in common, as a result of funds she paid towards the property. She continues to collect rental proceeds to allegedly pay the expenses of that rental property.

Question: Being that her name is not on the deed can we put a stop to her collecting said rent? And can she be entitled to this property?


It has been brought to my attention that the estate is to provide for his wife for up to one year after that she becomes a Tenant of the estate.

Question: Can we the heirs of the estate being the two-thirds, remove her from the property or charge her a rental fee? And if so, what is the time frame in which we can expect for her to comply?

One of my siblings does not share Pops surname.

Questions: Does this mean that they are not entitled to a portion of the estate holdings?


PS The Good Guys Trust!
 


FlyingRon

Senior Member
Did your father live in the USVI or was the property just there. If he was a resident of some other state, that state's laws apply.

I don't know what the rules for intestate (no will) succession is, but it will be decided officially by the probate judge. I can almost guarantee that the spouse will get a third to a half of the estate. The rest going to the children.

Yes she can live there now, no she doesn't have to pay rent.

Yes she can rent it out. The income is part of the estate and will be divided up at probate.
 

nextwife

Senior Member
Did your father live in the USVI or was the property just there. If he was a resident of some other state, that state's laws apply.

I don't know what the rules for intestate (no will) succession is, but it will be decided officially by the probate judge. I can almost guarantee that the spouse will get a third to a half of the estate. The rest going to the children.

Yes she can live there now, no she doesn't have to pay rent.

Yes she can rent it out. The income is part of the estate and will be divided up at probate.
In addition to the above, DO NOT get to thinking that having the same name entitles you to a greater share of the estate than your sibling.
 

STX101

Junior Member
Inherited land no will

Pop did live in the USVI and the property is there as well.

The property in question is inherited property passed down from my Grandfathers and two generations before him, not community property purchased by my Pop and his wife.

So is she still entitled to a third or half of this type of property?

Let it be known that I'm the one looking out for my siblings best interest here. My Pops wife doesn't want to acknowledge them because my Pops name is not on their birth certificate as she claims.

So with that being said are heirs not carrying the surname of the decease not entitled to anything in a no will situation?
 
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nextwife

Senior Member
So with that being said are heirs not carrying the surname of the decease not entitled to anything in a no will situation?
Wow. That phrase incorporated a LOT of double negatives. I'm not quite sure if they cancelled each other out!

The NAMES are irrelevant - it is the familial relationship that counts. In this day and age many times a child does not carry the same surname. And what about married women? They change their surname. Doesn't matter at all.



Once the property passed to Pop from his dad, it became his to do with as he wished.

In the absence of a prenup, all dad's property would be part of his estate. The exception would be whatever property is owned/titled in such a way that is automatically passes OUTSIDE probate. Life insurance, 401K, IRAs etc would pass to the named beneficiary, for example.

I cannot find USVI intestate law online, so I don't know what the percentages are.
 

FlyingRon

Senior Member
Looks like the USVI leaves

(1) One-third to the surviving spouse, and the residue in equal portions to the children, and such persons as legally represent the children if any of them have died before the deceased.

(USVI Code Ann Title 15 sec. 84)

Name doesn't matter, legitimacy doesn't matter. All that is necessary is to show descent (either by blood or adoption).
 
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STX101

Junior Member
Inherited land no will

Good to hear my brother is entitled to something. Thanks again FlyingRon.
 

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