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neilsensfd · Joined: 27 Jul 2011 Posts: 2 1.52 Dollars($)

My grandparents died 1989 and their property was still in their name. An uncle has run the business on the water since their death. Now that he has past, His son doesn't want anyone to park boats on the property, their is 3 remain children to grandparents. Can he do this?

gmakerley · Posted: Wed Jul 27, 2011 10:49 am Post subject:

I'm not quite certain what you're driving at in your query. Are you asking if it's okay for the son of the uncle to wish to prevent people from parking boats on the waterfront property? Unfortunately, that's not a question you're likely to receive an easy answer for; we don't know in what form or fashion the property is titled.

Who owns the property? Has the estate of your grandparents ever been probated? You'd be well-served to seek out the assistance of an estate attorney to get the information you need.

Posted: Wed Jul 27, 2011 8:51 pm Post subject:

Hi neilsensfd,

I agree with what George has said.

You need to check out your property deed and find out the names of the property owners. If your uncle's name is listed on the property deed solely, then the other heirs won't have any rights on the property. Your uncle's son can restrict the usage of the property for others.

Thanks

jameshogg · Posted: Wed Jul 27, 2011 8:52 pm Post subject:

It was me above... just forgot to log in. Razz

neilsensfd · Joined: 27 Jul 2011 Posts: 2 1.52 Dollars($)

The property is still in my grandfathers name. And the business is being worked by a grandson. The property has never been in probate. The 2 sons and daughter want to know if they still have rights to dock boats there since their brother has died and the son doesn't want any family on the property. I would think the children had more rights then the grandson.

smithsussane · Posted: Thu Jul 28, 2011 11:17 pm Post subject:

HI neilsensfd!

Welcome to forums!

As your grandfather's sons and daughter are alive, they can file an affidavit of heirship (if there is no will) and get the property transferred in their names. If there is a will, then they can probate it and the property will be divided accordingly.

Feel free to ask if you've further queries.

Sussane

gmakerley · Posted: Fri Jul 29, 2011 11:23 am Post subject:

That would appear to be a key question: is there a will?

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