Posted on: 06th Jun, 2010 12:01 pm
My Grandfather is one of three org. surviving members of a hunt club in Virginia. There were 12 org. members, which the deed states each memeber has 1/12%. If a deceased org. memeber did not specificlly state in his Will that his family gets the 1/12% of the club, does the family have any legal right to the property?? Or did it have to be stated in the Will???
Welcome VaJimmy,
Though nothing has been mentioned about the property in the will, the heirs can still file their claims for that property. However, if the property is owned by the members as a joint tenancy with right of survivorship, then the heirs will not be able to claim the property. The other members will become the owner of your grandfather's share.
Though nothing has been mentioned about the property in the will, the heirs can still file their claims for that property. However, if the property is owned by the members as a joint tenancy with right of survivorship, then the heirs will not be able to claim the property. The other members will become the owner of your grandfather's share.
Thanks for response. The deed has no kind of surivor clause. It does not state what happens to surviving members shares. I believe by looking online that is a Tenecy in common. Is there a time frame where they have to file for claim?? statue of limitations??
Hi vaJimmy!
Welcome to forums!
I don't think there is a time frame within which you will have to file a claim. However, it is always better to file a claim as soon as possible after the death of the deceased.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
I don't think there is a time frame within which you will have to file a claim. However, it is always better to file a claim as soon as possible after the death of the deceased.
Feel free to ask if you've further queries.
Sussane
I know that the family memebers of deceased org. members only want their stake in the property value. My grandfather is still living and has me in his will for his 1/12 ownership. My sis and I want to keep the club going cause we use it during summer and for centamental reasons. We were wondering if we should get a lawyer and try and prove they have no rights. Just want to know if not specifically stated in the orginal club members Will (after death), does their family automaticlly get the share?? The deed does not state what happens to their share if a member passes.
Hi VaJimmy,
You will be able to claim the property as an heir to your grandfather's assets. The other owners of the property won't have any rights to your grandfather's share. You will have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.
You will be able to claim the property as an heir to your grandfather's assets. The other owners of the property won't have any rights to your grandfather's share. You will have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.