Do we have rights to my grandma’s property if she died married and possibly with a Will?

UPDATED: Jan 13, 2012

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Do we have rights to my grandma’s property if she died married and possibly with a Will?

My grandma passed away 4 years ago. She had a house with lots of land that her husband (my step-grandpa) stayed in after she passed. We never asked if she had a Will because we knew he would be staying there taking care of the house. He remarried and cut off contact with my grandma’s side of the family. He just passed away and his wife has the house and the land. We are wondering how we go about finding out if my grandma had a Will and, if not, do we have any rights to her property.

Asked on January 13, 2012 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss and for the problems that have arisen.  if Grandma had a Will and if it was probated then it was probated in the county in which she resided at the time of her death.  It became a public record when it was filed so you can take a look. Now, the question you have not answered here is whose name was the property in.  How was it held: jointly with your step-grandfather?  If yes then it probably passed to him automatically at the time of his death.  If only grandma's name was on it then that is a different story.  Now, dif it did pass to him did he then put the new wife on the deed?  You need to find this out.  You may indeed have a stake in the property but you will need an attorney to do a title search and then inquire for you.  Good luck. 

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