Unwed man dies intestate are heirs to his property all his siblings at time of his death or the living ones when estate settles.

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My unmarried uncle died in 1973 without a will. He had no children , his mother and father were deceased. At the time he died , he had 7 living brothers and sisters. His only possession was an undeveloped piece of property. His estate has still not been settled because the siblings could not reach an agreement on the property. Over the years the property was almost forgotten, the taxes were just a few dollars per year. My father has paid the taxes on the property all these years. Now the taxes in recent years are escalating rapidly. At the present time my father and one sister are the only siblings of my uncle still living. If the estate were to settle now (May 2009) would the heirs to the property be my father and aunt or does the deceased sibling's heirs have any rights to the property?

Attorney Answer

1
Jill Ojserkis ·
While the laws in your state may be different, the general rule is that a decedent's heirs, in an intestate situation, pass pursuant to state statute to his heirs in closest degree of consanguinity. The heirs are "fixed" as of the date of death and not the date in which assets are to finally be distributed. It is more than likely, although your state law will control, that the deceased siblings shares will pass to their children (if any). The situation you are describing is complex. I strongly recommend that your father and aunt retain competent legal counsel in the state in which your uncle lived at his death and owned his property. This email is written for educational purposes only. It is not legal advice. No attorney-client privilege is created or intended. Good luck!!
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