Probate caveat problem

[tonka]

What is the name of your state? Boston.

My ex husband did not re-marry and then he died. When he died there was land with buildings on in his name. His father built the buildings/businesses and now he too has died. My husband and I had two children when we were married and I applied for probate on the estate on behalf of my children. Now his fathers widow has entered a caveat. I am presuming it is on the buildings though she has not replied yet.

Does anyone have any idea on what happens in a case where the land belongs to one person and the buildings/businesses possibly to another person. There are rents being paid on these properties that my ex husbands brother has been collecting.

Any ideas or information appreciated.

ThanksWhat is the name of your state?

[seniorjudge]

What is the name of your state? Boston.

My ex husband did not re-marry and then he died. When he died there was land with buildings on in his name. His father built the buildings/businesses and now he too has died. My husband and I had two children when we were married and I applied for probate on the estate on behalf of my children. Now his fathers widow has entered a caveat. I am presuming it is on the buildings though she has not replied yet.

Does anyone have any idea on what happens in a case where the land belongs to one person and the buildings/businesses possibly to another person. There are rents being paid on these properties that my ex husbands brother has been collecting.

Any ideas or information appreciated.

ThanksWhat is the name of your state?

Q: Does anyone have any idea on what happens in a case where the land belongs to one person and the buildings/businesses possibly to another person.

A: Everything gets split according to what the court rules.

[Litigation!]

What is the name of your state? Boston.

My response:

Really? Can you point out which star is represented by "Boston" on our flag?

IAAL

[nextwife]

What is the name of your state? Boston.

My ex husband did not re-marry and then he died. When he died there was land with buildings on in his name. His father built the buildings/businesses and now he too has died. My husband and I had two children when we were married and I applied for probate on the estate on behalf of my children. Now his fathers widow has entered a caveat. I am presuming it is on the buildings though she has not replied yet.

Does anyone have any idea on what happens in a case where the land belongs to one person and the buildings/businesses possibly to another person. There are rents being paid on these properties that my ex husbands brother has been collecting.

If the buildings were owned by Dad (an example would be a land lease) and passed to Dad's spouse in probate, those buildings may NOT be part of the estate. The RE may not be part of the estate. For example, the land may now be held in Jt Tenancy with another, in which case it passes outside probate. Without a title search, you can't really know how the land-building use and ownership is structured. I have seen many situations in which the improvements were "owned" by a tenant on a long term land lease. Restaurants and cel towers are users of these types of land leases, and own the improvements, but not the land.

If this is the case, the use and sale of the land would be "subject to" any underlying leases.