Could I receive the house if my grandmother died without a will? 15 Answers as of September 21, 2015

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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Law Office of Pamela Braynon | Pamela Y. Braynon
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: 9/21/2015
The Krone Law Firm, LLC | Norman B. Krone
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
Christine Sabio Socrates Attorney at Law | Christine Socrates
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.
Wellerstein Law Group, P.C. | Elisha Wellerstein
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: 9/16/2015
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
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
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    No - consult a lawyer.
    Answer Applies to: New York
    Replied: 9/15/2015
    Ronald K. Nims LLC | Ronald K. Nims
    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
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    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
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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: 9/15/2015
    Attorney At Law | James G. Maguire
    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
    Stephens Gourley & Bywater | David A. Stephens
    IF they do not want it you can live there and take over the payments. However, you will never get title to the property without probating it.
    Answer Applies to: Nevada
    Replied: 9/14/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    It sounds as if Mom and Aunt are the heirs. They can certainly waive there interest to you, but if the value is so low that they would be willing to do so are you sure you want to take on this burden? You will have to go through probate to get title.
    Answer Applies to: California
    Replied: 9/14/2015
    Law Offices of George H. Shers | George H. Shers
    Someone must file for probate of her estate so that the court can order transfer of title to her two heirs and then they must sell/transfer the property to you. You have no legal right to the property; you do not state that you made any payments on the house and imply you did not, so you appear to have no legal interest in the property. Since they inherit the property at the fair market value of the house at the time of her death, they would not be making a taxable profit, and they would have to formally make a gift of the property to you for you to avoid being taxed. Your aunt might have to decline to take under the probate so that your mother can transfer the entire property to you without any taxes being paid. The mortgage holder has to approve your taking over the loan and they will undoubtedly demand you pay them a fee or if you have too little of an income will demand the loan be paid off. You need to spend the money to speak to some local probate attorneys to see what they can do for you.
    Answer Applies to: California
    Replied: 9/14/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Since your grandmother died without a Will a probate must be opened to transfer the interest in real estate. The children of the deceased will receive equal shares of the estate. If any child of the decedent predeceased the decedent then the descendants of the predeceased child receive the predeceased child's share. Assuming you mother and your aunt were the only children of your grandmother they would be able to disclaim their interest in the real estate. If they do so their share of the asset will be distributed to their descendants. If you are the only descendant of your mother then you will receive her share in the house. If your aunt had no descendants then you, as the only niece or nephew, would receive your aunts share. If there are other descendants than you would have to persuade all of the other descendants to disclaim their share, not likely to be easy, or purchase it from the estate.
    Answer Applies to: Illinois
    Replied: 9/14/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Assuming the house is in Oregon, and assuming that the record title is only in your grandmother, then you should petition to be named administrator of her estate; once appointed, as your mom and your aunt to enter into an agreement to vary the distribution of the estate, so that you get the house. Alternatively, finish the probate and transfer the house to your mom and your aunt, and then ask them to sign a deed transferring the house to you. Either way, they are making gifts to you, and should file gift tax returns there shouldn't be any net gift tax owed, just reporting the use of a portion of their lifetime exemption from gift and estate tax. Do this NOW before you make years and years of house payments and then find out the house will never be yours, because your mom or your aunt has changed her mind, or died leaving heirs or devisees who won't agree. BTW, how much is the house worth? If that much money, in cash, were sitting on the table waiting to be picked up, would you want to hire a lawyer to be sure you'd be the one with the right to that cash? Get the help of a good lawyer with this matter, it will be worth it.
    Answer Applies to: Oregon
    Replied: 9/14/2015
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