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Should Gift of Land be included in Estate Inventory

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John Boellstorf

Junior Member
Nebraska - My mother died in June 2005. She had a life estate in a quarter section of land left to my sister when he died in 1978. My sister and husband (no children) lived in California. My sister died intestate in April 2005. After my mother died my sister's husband gave the quarter section to my sisters four brothers and that land is now registered in the names of the four brothers. The question is: does that quarter section of land or any portion of its value have to be reported on my mothers estate inventory??? I've been told that since my sister died intestate in California that a portion of the lands value went back to my mother.
 


HomeGuru

Senior Member
John Boellstorf said:
Nebraska - My mother died in June 2005. She had a life estate in a quarter section of land left to my sister when he died in 1978. My sister and husband (no children) lived in California. My sister died intestate in April 2005. After my mother died my sister's husband gave the quarter section to my sisters four brothers and that land is now registered in the names of the four brothers. The question is: does that quarter section of land or any portion of its value have to be reported on my mothers estate inventory??? I've been told that since my sister died intestate in California that a portion of the lands value went back to my mother.


**A: confusing.
 

seniorjudge

Senior Member
John Boellstorf said:
Nebraska - My mother died in June 2005. She had a life estate in a quarter section of land left to my sister when he died in 1978. My sister and husband (no children) lived in California. My sister died intestate in April 2005. After my mother died my sister's husband gave the quarter section to my sisters four brothers and that land is now registered in the names of the four brothers. The question is: does that quarter section of land or any portion of its value have to be reported on my mothers estate inventory??? I've been told that since my sister died intestate in California that a portion of the lands value went back to my mother.
I am assuming that ma died first and then sis.

When ma died, she had no interest in the land.

When sis died she may have had interest in the land.

Sis's heir (her husband) deeded the land to four people.

If all of that is correct, then ma had NO interest in the land when she died and (being dead) would never receive interest in any property (mixed, real, or personal) ever again (in this world).

I am not considering any other heirs: just saying that ma had no interest.

If that does not answer your question, give us a timeline.
 

John Boellstorf

Junior Member
Respond to SeniorJudge

[Sorry about the confusion - My sister died before mom. Sister died in California, mom died in June, estate is subject to Nebraska laws and maybe?? California.
 

seniorjudge

Senior Member
John Boellstorf said:
[Sorry about the confusion - My sister died before mom. Sister died in California, mom died in June, estate is subject to Nebraska laws and maybe?? California.
Give us a timeline in chronological order starting with the oldest event and winding up with the newest event.

(We can't pull teeth here...we flunked our dental exam.)

Your clarification leaves me puzzled.
 

John Boellstorf

Junior Member
Timetable - I hope

Nebraska and California??

Dad died in 1978 and left my sister land subject to my mother's life estate interest.

My sister died intestate in april 2005 as a california resident - husband but no children.

My mother died in June 2005.

Sis' husband gave sister's four brothers equal shares in the land sis had subject to mom's life estate.

The land is now registered in the four brother's names.

Hope this helps clarify things. Thanks
 

seniorjudge

Senior Member
Dad died in 1978 and left my sister land subject to my mother's life estate interest.


My sister died intestate in april 2005 as a california resident - husband but no children.

At this point, the land goes to sis's heir (her husband).


My mother died in June 2005.


Sis' husband gave sister's four brothers equal shares in the land sis had subject to mom's life estate.

Ma does not have a life estate or any other interest in the land since she is dead.


The land is now registered in the four brother's names.

They own the land.
 

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