If my grandma gifted 2 homes to my uncle but he died years ago, now that she just died who gets the homes?

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If my grandma gifted 2 homes to my uncle but he died years ago, now that she just died who gets the homes?

My grandmother gifted 2 of her homes to my uncle some years ago. He passed just a few years ago after being gifted. I believe the home went back to grandma after his death? My grandmother just died last week. My uncle has adult biological children and a wife she may be common law wife, not sure. Grandma did not leave a will, and we’re now wondering who would legally get these 2 homes she gifted to my uncle? Would his children and or wife get them since it was initially gifted to him prior to his death? The reason I say the homes went back to my grandma is because my sister pulled the records at the courthouse the other day and she said this is what the records stated, that the properties were gifted back to my grandma some time after my uncle’s death. Not sure how that worked. Can you let us know how this works?

Asked on February 11, 2018 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You need to get a copy of the documents that your sister looked at and take them to a probate attorney to review.  If your grandmother only gave your uncle a 'life estate', then he would only have use of the property during his lifetime, and then the house would either revert back to your grandmother or her estate, or whoever else she designated.  Once the probate attorney looks at the documents, the probate attorney can tell you which estate the property actually belongs to.  If it belongs to your grandmothers estate then you would be a potential heir to that estate.


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