my grandfather died he was sole property owner with my me his granddaughter and my husband are joint tenants, do we have any legal rights ?

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my grandfather died he was sole property owner with my me his granddaughter and my husband are joint tenants, do we have any legal rights ?

Asked on June 23, 2009 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your question is unclear.  Was your grandfather the sole owner, or where you and your husband joint tenants with him?      

If he was the sole owner of the property it would pass according to the terms of his will.  If he died "intestate", that means without a will, then the property would pass according to the intestacy statute of the state where your grandfather resided at the time of his death.  Typically that would be to the wife and children; possibly the grandchidren depending on the specific facts of the case.

If you were joint tenants with him, then there isn't even a need for probate on this asset.  You and your husband would have rights of survivorship and take over your grandfather's share.  This means that you two will become the owners of the entire property.


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