Can I receive the house if my grandmother died without a will? 2 Answers as of May 24, 2011

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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The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
No. If someone dies without a will, the state laws called intestacy statutes control who takes the property. It depends on state, but generally it goes first to a spouse, if none, then to the children.
Answer Applies to: California
Replied: 5/24/2011
Meyer & Yee, LLP
Meyer & Yee, LLP | Kent W. Meyer
Her children would have first claim. If they want to give up their rights they might disclaim the house in your favor as long as they haven't benefited personally from the house.
Answer Applies to: California
Replied: 5/24/2011
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