If my late grandfather died with no Will but with a child who has zero interest in the property he left, is there any way for me to obtain it?

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If my late grandfather died with no Will but with a child who has zero interest in the property he left, is there any way for me to obtain it?

My grandfather’s property is next door to mine.

Asked on April 2, 2014 under Estate Planning, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under intestacy laws of all states in this country, when a person dies without a Will or trust in place, the person closest related to that person gets his or her assets. Assuming your grandfather died without a surviving wife, then his child gets the property. I suggest that you make a deal with your uncle if you want the property and assist in the intestacy process.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your grandfather.

Since your grandfather did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under the rules of intestate succession, if your grandfather had a surviving spouse, she would inherit the entire estate.  If there is no surviving spouse, the estate is divided equally among the children.  If there is a deceased child, who had children, the grandchild/ grandchildren would inherit the share his/her deceased parent would have inherited had that parent survived.

If your grandfather's child is not your parent such as an uncle or an aunt, their children would have a claim to  inherit their share.

If your grandfather's child is your parent and is the only child of your grandfather, he or she could convey the property to you.  If you are talking about real property (land), that person could sign a quitclaim deed conveying the property to you.  A quitclaim deed releases the person's entire right, title and interest in the property.  The quitclaim deed is signed in the presence of a notary.  The quitclaim deed is effective upon being recorded (filed with the County Recorder's office).


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