• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Who owns the property ?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

suncawy

Junior Member
What is the name of your state? applies to state of Arkansas

My wife's father passed away, but he owned a house in the state of Arkansas. He was going to move back to that house, but didn't make it.
The house has been rented out the last several years. Apparently, his brother has been overseeing the property, acting like a landlord. My wife found the deed to the house, but no beneficiaries listed. She also found a power of attorney paper which would have been given to the brother, but her father never signed it. There is no other will or living trust. My wife and her brother, the siblings, want to sell the house. However, they sense resistance from the brother who has been handling the affairs of that property. The question is, wouldn't the siblings automatically be the beneficiaries of the estate or does it go to the father's brother if he has been overseeing the property ?
 


Intestate In Arkansas

Since your father in law died without a will . I believe that the probate court

will appoint an administrator to distribute any property. There was no mention

that your FIL had a spouse at the time of his death. So, then the order of heirs would be:

1.children of FIL ,2.parents of FIL ,3.siblings of FIL

"Unc" can throw a tantrum ,but that's about all.....
 

suncawy

Junior Member
Thank you for the information.
The FIL was divorced and when they divorced he ended up with
the house. The ex-spouse is still alive, but she would have no claim to the house since it was part of the divorce settlement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top