Who gets ownership of the house without a will? 8 Answers as of August 17, 2011

I am living with our grandfather and he passed away. He left a will and gave the house to uncle who also passed away. The uncle has no will, kids or wife. Who gets the house now?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
We may need more information. If "Uncle" is the son of "Grandfather" and Uncle has no heirs, it goes back to Grandfather and down to any of Grandfather's other children. Depending on who is alive or deceased will depend on who gets what share. Please see an Estate Planning attorney with your family details for an actual determination of the beneficiaries.
Answer Applies to: New Hampshire
Replied: 8/17/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
The heirs at law of your uncle. His brothers or sisters, first; their children, next, then grandchildren.
Answer Applies to: Oregon
Replied: 8/17/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Many wills have clauses which specifically distribute the assets of a deceased heir. If the gift was dependent on your uncle surviving your grandfather, your grandfather's will may have a residuary clause which provides for the disposition of assets which remain in the estate (including those undistributed because of a failed or lapsed devise). If the granting language to your uncle does not predicate the distribution upon him surviving then the house will probably pass to your uncle's heirs by the laws of intestacy. You should consult with an attorney about this to determine your rights.
Answer Applies to: Connecticut
Replied: 8/17/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
Assuming that the will does not provide terms on how to proceed if uncle passes away, then the estate would pass to uncle's heirs at law. If he had no spouse or children, his heirs would likely be his siblings and/or parents.
Answer Applies to: Illinois
Replied: 8/16/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
It goes back to his estate and would follow the state intestate rules if the will does not deal with the residual.
Answer Applies to: Florida
Replied: 8/16/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    This answer assumes the real property is in Nevada: In part the answer to your question depends upon whether you uncle survived your grandfather and whether he was required to survive him to take under the Will. Assuming that your uncle did survive your grandfather or that your uncle was not required to survive under the Will, then it would pass to your uncle's estate that would need to be probated and then to his heirs, your uncle's closest relatives. If your uncle was required to survive your grandfather and did not, then it would pass to your Grandfather's heirs named in his Will as contingent beneficiaries or if no other heirs are named then to his intestate heirs. It sounds like you should discuss the specific, including dates of death and provide a copy of the Will to an attorney for legal advice on your situation.
    Answer Applies to: Nevada
    Replied: 8/16/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    If it was by right of representation then it would go to Uncles' parents if living, then to siblings next, if any are living, and then to the kids of the siblings, ie the Uncle's Nieces and Nephews.
    Answer Applies to: Washington
    Replied: 8/15/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Generally speaking, if the benefiary of the house has passed away (and if the will does not specify who it goes to under those circumstances), then the house would go to whoever is next in line for your grandfather's estate. Again generally, this would be his spouse (if any), or his children (if no spouse), or the children of his children (if his child/children don't survive). I recommend you speak with a probate attorney to discuss the will and how the statutes will affect your particular situation.
    Answer Applies to: Arizona
    Replied: 8/15/2011
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