Am I entitled to half of the earnings of the sale of my grandmother's house since my father died? 23 Answers as of December 30, 2013

My grandmother died in April. Her house was immediately put up for sale by my father and my aunt. My father then died in November. My grandmother's house was sold approximately 2 days after my father's death.

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Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
Your father's probate estate should receive any disbursement that would have passed to your father. If he had a will, then that will control the ultimate distribution of his estate. If no will, the Tennessee's law of intestate succession will control. You and other heirs need to seek the advice of counsel.
Answer Applies to: Tennessee
Replied: 1/24/2014
Law Offices of Robert Beatson II | Robert Beatson II
Suggest you talk to an attorney who handles MD estate administration matters. Information will need to be assembled and carefully reviewed for a proper analysis and determination of next steps to be taken. An experienced estates attorney in MD should be able to handle this type of matter and to protect the interests of the client.
Answer Applies to: Maryland
Replied: 12/30/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Most likely you should get half unless they (your grandmother, aunt and dad) were all owns as joint tenants with a right of survivorship then your aunt gets it all.
Answer Applies to: Michigan
Replied: 12/20/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Your father's estate should be entitled to half, if I read you correctly. You may have to open a probate for your father's estate.
Answer Applies to: California
Replied: 12/20/2013
Frederick & Frederick PLC | James P Frederick
Most likely, the answer is yes. It depends on the title to the property and whether there is an estate or trust involved. You should not try to deal with this without the assistance of an attorney.
Answer Applies to: Michigan
Replied: 12/20/2013
    The Bryan Law Firm, L.L.C.
    The Bryan Law Firm, L.L.C. | Douglas L. Bryan
    Yes, assuming your father had no will, it would appear that you, along with any siblings you have, would be entitled to inherit his portion of the sale proceeds. The question remains how the house could have been sold after your father's death, since the Act of Sale would have had to have been signed by him.
    Answer Applies to: Louisiana
    Replied: 12/20/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Hard to say. It depends upon how title was held, the applicability of a Will etc. You need to sit down with an attorney who will need to review the records.
    Answer Applies to: Nevada
    Replied: 12/23/2013
    Attorney at Law
    Attorney at Law | Frances An
    You should be entitled to your father's share. Do you have brothers and sisters? If you are his only child, you would be entitled to his share.
    Answer Applies to: California
    Replied: 12/20/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If there was a Will, it would depend upon the wording of that Will. Assuming that your dad became entitled to one half the proceeds of sale, then you are entitled to his one-half interest in that property. If the sale was made by a duly appointed representative of the estate, there may be creditor claims, taxes and costs of administration that must be paid from those proceeds before anything is distributed to any beneficiary. You, and your siblings, if any, are entitled to the same share that your father would have received had he lived.
    Answer Applies to: Minnesota
    Replied: 12/20/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You are entitled to the share of your father who is now deceased.
    Answer Applies to: California
    Replied: 12/20/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Did your grandmother have a will or living trust? Was the property sold pursuant to the will or living trust? If so, you should read the document to see who the beneficiaries are and how the assets are to be distributed if a beneficiary dies after the decedent. You should contact a probate attorney to discuss your potential rights and options.
    Answer Applies to: California
    Replied: 12/20/2013
    Danville Law Group | Scott Jordan
    The answer to your question depends on a great many number of factors. Assuming that your grandmother's house was not owned by a trust; assuming that the trust did not distribute the property in a manner that excluded your father; assuming that your father only had the one sister; assuming that your father was not married when he died; and assuming you are your father's only child; yes you would be in line to receive your father's share of the proceeds from the sale of your grandmother's property. Now, are you over the age of 18? Also, is your grandmother's estate being probated? Is you father's estate located in California? Is your father's estate, including the money from your grandmother's estate, worth more than $150,000? As you can see, there are a lot of questions that need answering before determining whether you would receive your father's share.
    Answer Applies to: California
    Replied: 12/19/2013
    Stephens Gourley & Bywater | David A. Stephens
    That depends on whether your grandmother had a will and what it said. If she had no will, your father's children would inherit his share.
    Answer Applies to: Nevada
    Replied: 12/19/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Maybe. Is his wife still alive? Did he have a will? How many siblings are there? Was he entitled to half the net proceeds of the house? You need to talk with a local attorney and be prepared to get the documentation necessary for the attorney to give you an accurate answer.
    Answer Applies to: Idaho
    Replied: 12/19/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Probably not. You might be a beneficiary of your father's estate. For more detailed information, consult with an attorney specializing in estate administration.
    Answer Applies to: Colorado
    Replied: 12/19/2013
    James Law Group
    James Law Group | Christine James
    Your father's estate is entitled to his share. You are an heir of your father, so you would share it with the other heirs or if he had a will or trust, the beneficiaries of the will or trust would share it.
    Answer Applies to: California
    Replied: 12/19/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    My question is how was the house sold without your grandmother's signature? It appears as if either your dad or your aunt, or both were listed on the house as either a tenant in common or either with a right of survivorship. If on the deed they were listed as a tenant in common, then yes you are entitled to your father's share of the sale. If they were listed with a right of survivorship then no you are not entitled to your father's share.
    Answer Applies to: Florida
    Replied: 12/19/2013
    Kosloff & Greenwood
    Kosloff & Greenwood | Oliver Greenwood
    That depends on her estate planning.
    Answer Applies to: California
    Replied: 12/19/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    What you are entitled to depends on the situation. Was there a Will? Trust? What does the Will or Trust state will happen with your grandmother's assets? What is stated about the requirement of the beneficiary surviving to a distribution or only surviving the death of the testator? You need to consult with an attorney. There is no way to know anything without more facts.
    Answer Applies to: California
    Replied: 12/19/2013
    The Krone Law Firm, LLC | Norman B. Krone
    Whomever inherited your father's share of the house ownership will get what would have been his share of the proceeds.
    Answer Applies to: Florida
    Replied: 12/19/2013
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    You must look to the manner of ownership of the house. If it was owned by your grandmother, father and aunt as joint tenants with rights of survivorship then the survivor, your aunt, would be the sole owner after your father's death. If the property was owned by your grandmother and it was distributed or sold out of your grandmother's estate then you should be entitled to a share of the proceeds as your father's heir or legatee by distribution from your father's estate.
    Answer Applies to: Illinois
    Replied: 12/19/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will depend on a number of things, have an attorney look into it.
    Answer Applies to: Michigan
    Replied: 12/19/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You don't mention whether your grandmother had a will or not and whether you have any other aunts, uncles, or siblings. If your grandmother died without a will, the state's intestacy laws will determine who inherits the proceeds of the sale. If she had a will, it will determine whether you inherit anything.
    Answer Applies to: Nebraska
    Replied: 12/19/2013
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