Could I receive the house if my grandmother died without a will? - Estate Planning Law Questions and Answers- LawQA.com

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Could I receive the house if my grandmother died without a will?

My grandmother recently died and I lived with her my whole life, she left no will or anything. She has two children my mom and my aunt, if I wanted to can I take over her house payments and continue to live here since neither of them want the house. How can I?


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Because your grandmother left no will, her assets will be distributed in probate through the circuit court in which she resided. The assets will be distributed to her next of kin, that being her children if there is no spouse. Each child will received 50% of her assets. If neither of them want the house, they can renounce their claim to the house. However, they must go through an attorney to file a probate case in circuit court.

Answer Applies to: Florida
Replied: 9/19/2015

Answer By Norman B. Krone

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Have the two daughters quit claim the house to you so that you become the sole owner.

Answer Applies to: Florida
Replied: 9/17/2015


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You would need to probate your grandmother's estate and the home would transfer equally to your mother and aunt. However, if they did not want to receive the home, they could transfer to you after the title goes to them, or they can disclaim the property and it would pass to their next of kin. If you are the only next of kin, it would work out fine but if there are other siblings and cousins then they would be entitled to the property as well. So the answer would depend on whether there were other next of kin.

Answer Applies to: Ohio
Replied: 9/16/2015

Wellerstein Law Group, P.C.
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In NY, if she died without a will, her two children will inherit all her assets in an administration proceeding. You as the grandchild have no rights, unless your mother has already passed.

Answer Applies to: New York
Replied: 9/15/2015

Answer By Dara Goldsmith
Goldsmith & Guymon
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It is possible but complicated. I urge you meet with an attorney to address the specifics. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.

Answer Applies to: Nevada
Replied: 9/15/2015

Answer By Richard M. Levy
Law Offices of Richard M. Levy P.C.
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No - consult a lawyer.

Answer Applies to: New York
Replied: 9/15/2015

Answer By Ronald K. Nims

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When someone unmarried dies without a will, their property goes to their children, if the children disclaim the inheritance, then it goes to all their grandchildren. So, to inherit the house, you also need all your siblings and cousins to disclaim. I don't know about your family but most families have a ton of greedy slackers that will fight to the death to get a nickel that they don't have to work for. So good luck with that. Then you need to either refinance or to get the lender to assign the mortgage to you.

Answer Applies to: Ohio
Replied: 9/15/2015

Answer By David L. Leon
The Law Office of David L. Leon
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Assuming grandma had no will, and ma and aunt have no restrictions, you can clear title to mom and aunt, who could in turn deed it to you. You?d take over the payments.

Answer Applies to: Texas
Replied: 9/15/2015

Answer By Jayne Sebby
Sebby Law Office
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Under most states' intestacy laws, your mother and your aunt would split the estate. However, if neither of them wants the house, you could obtain it by one of two ways. They could relinquish their inheritance of the property and you (and any siblings and cousins you have) would be next in line to inherit it. Or you could purchase the house from them.

Answer Applies to: Nebraska
Replied: 9/14/2015


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Consult with an attorney to discuss the process. It can sometimes be done by affidavit, with no court costs or court proceedings.

Answer Applies to: Louisiana
Replied: 9/14/2015

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