How do I prevent my grandparents from taking my fathers house?

UPDATED: Sep 30, 2022

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How do I prevent my grandparents from taking my fathers house?

My father died intestate. He is divorced and I
am his only child. His parents are stating that
they will be keeping his home. What do I need
to do since I am heir?

Asked on July 2, 2017 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are the grandparents currently owners of the home (e.g. on the title)? If they are, then while the way they own it (e.g. how they are on the title) matters, if they are on the title and you are not, then they most likely will get the house. If they are on the title, after all, it is already their house, at least in part.
If they are not on the title, but your father died intestate (no will), then you, as only child when there is no spouse (he was divorced) should inherit everything under "intestate succession" law in your state, including the house. His parents will inherit nothing. 
If there was a will, the house (and other assets) goes to whomever it was willed to.
If there was no will, there would be no "executor" (excutors are appointed by wills), though there would be a person filling a similar role, called an "administrator" or "personal representative." This person would have been appointed by the court. The executor (if there is a will) must carry out  the will's wishes. A personal representative or administrator must act in accordance with intestate succession law. If you feel that one of these people is not acting properly, retain an attorney to help you protect your interests and rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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