How do I get my mother's property if I am not the heir? 5 Answers as of December 20, 2011

I would like to know what do I need to do if my mother's father left her siblings and her property which my mother passed away and her shares goes to her kids, but I want take my part as my own property so it won't be an heir property or whatever. I have other sister and brothers also but I don't know if they want do this also. I just need to know what I need to do.

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
I am not certain I understand the question exactly. However, it sounds as if your grandparent has passed, and your mother had predeceased your grandparent. I understood the question to be whether you and your brothers and sisters have a right to a portion of the share of your grandparent's estate that would have gone to your mother if she were still living. If that is not the question, then I apologize for not interpreting it correctly. If that is the question, then whether or not you would be entitled to a share of the estate and the amount of your share would depend on the provisions of your grandparent's will. If the grandparent that died did not leave a will, then your share, if any, would be determined by statute (referred to as the intestacy statutes). You should consult with an attorney to help you determine if you actually have an interest in your grandparent's estate. Your attorney can assist you in submitting a claim for your interest in the estate.
Answer Applies to: Indiana
Replied: 12/20/2011
Law Office of William L Spern | William Spern
Your question makes no sense. Your mother takes from her father. If your mother died before her father, you and your siblings stand in her her share pro-rata. You seek the services of a probate attorney.
Answer Applies to: Michigan
Replied: 12/12/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
It depends upon how the deed is titled and any written agreements between the siblings. You should probably pull the deeds and review. It may be necessary to meet with an attorney to determine your options once they have reviewed the title and any written agreements that are in the chain of title.
Answer Applies to: Nevada
Replied: 12/12/2011
Law Offices of Frances Headley | Frances Headley
I am sorry but I cannot answer your question because the facts are unclear. I suggest that you take all of the documents from your mother's and grandfather's estate to a probate attorney for evaluation as to your rights and options.
Answer Applies to: California
Replied: 12/12/2011
If you mother owned property and had a Will then the property should be transferred to those named in her Will. If the property was restricted by the grandfather to be owned ina certain way then his Will is the controiling document. You can challenge a Will or an estate in the county that the property is located or the Will was probated.
Answer Applies to: Georgia
Replied: 12/9/2011
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