Can I get propery back that was sold seemingly illegal after my father passed away?

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Can I get propery back that was sold seemingly illegal after my father passed away?

My father passed way a few years ago and my grand parents sold his house for
they say 5000 to ‘pay for his tombstone’. I would have gladly paid for the
tombstone but they went through that decision without me. Is that legal? He did
not have a will so my impression was that his house belonged to me and my brother
equally.

Asked on June 30, 2019 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If there was no will and your father was not married when he passed, then if he had owned the house solely in his name, it would have gone to his children (you and your brother). You can't get the house back, however, because the law will not punish an innocent person who paid for it by taking what they paid for in good faith away. What you may be able to do is sue your grandparents for the your share of the value of the house (the value it had at that time): your grandparents, not the buyer, were the wrongdoers, so you sue them. Of course, if they don't have money or other valuable assets you could go after (like a house of their home), there is no point in suing, since even if you win, you won't get anything: a lawsuit does not make money appear where there is none.


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