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descent and distribution

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R

Ritchie

Guest
I live in West Virginia.
I am currently looking at 74 acres of land. This land is in heirship and has not been divided. The owner was married and had 6 children. This wife died. He remarried and they had 7 children. This wife died. He remarried to a woman that had 14 children from a previous marriage. During this third marriage his youngest son from the second marriage took care of them, in return he was deeded 50 acres of land. Then a will was written that the owner wanted each of his 12 children from his first two marriages to have a 1/12 interest in the remaining 74 acres. This was subject to the dower rights of his third wife. He died in 1966 and his wife has died also. All of the original heirs from the first marriage have died and most of the ones from the second marriage. A person has purchased the interest of one person from the first marriage and two from the second marriage. I am interested in purchasing these as well as the others.

Now for my questions: Since the first wife died without a will would her children at that point inherited her half interest in the land? If so the will that was made later could only have been for the half interest that the husband had.(is this correct?) And the next question is what would the dower rights of the third wife been? Would her children be entitled to anything or would she only held her part while she was alive?

The state statute of descent and distribution was revised in 1992 and became effective June 5, 1992, Since these people died before then would the laws that were in effect in 1966 be used? If so how do you find these historic laws?

If I do buy these heirs' parts but can't buy all of them can I force a partition suit? Do I need over half of them? Is there any way to assure that the property would be sold and the money devided rather than have the property devided?

Thanks
Ritchie
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ritchie:
I live in West Virginia.
I am currently looking at 74 acres of land. This land is in heirship and has not been divided. The owner was married and had 6 children. This wife died. He remarried and they had 7 children. This wife died. He remarried to a woman that had 14 children from a previous marriage. During this third marriage his youngest son from the second marriage took care of them, in return he was deeded 50 acres of land. Then a will was written that the owner wanted each of his 12 children from his first two marriages to have a 1/12 interest in the remaining 74 acres. This was subject to the dower rights of his third wife. He died in 1966 and his wife has died also. All of the original heirs from the first marriage have died and most of the ones from the second marriage. A person has purchased the interest of one person from the first marriage and two from the second marriage. I am interested in purchasing these as well as the others.

Now for my questions: Since the first wife died without a will would her children at that point inherited her half interest in the land? If so the will that was made later could only have been for the half interest that the husband had.(is this correct?) And the next question is what would the dower rights of the third wife been? Would her children be entitled to anything or would she only held her part while she was alive?

The state statute of descent and distribution was revised in 1992 and became effective June 5, 1992, Since these people died before then would the laws that were in effect in 1966 be used? If so how do you find these historic laws?

If I do buy these heirs' parts but can't buy all of them can I force a partition suit? Do I need over half of them? Is there any way to assure that the property would be sold and the money devided rather than have the property devided?

Thanks
Ritchie
<HR></BLOCKQUOTE>

I don't know. I don't watch soap operas and your story sounds like an As The World Turns sequel.

I admire the owner though cuz those years were pre-Viagra. What a stud.
 

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