If my grandmother and all her children have passed away, as her heirs what are our rights to her house?

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If my grandmother and all her children have passed away, as her heirs what are our rights to her house?

What do we have to do to sell? On my mom’s side there is myself and my sister and brother. The rest of her siblings and their children are dead; there is only the great grandchildren. What are their legal rights to the house? Also, we don’t no where any of them are as they live out of state.

Asked on June 6, 2015 under Estate Planning, Indiana

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Your Grandmother is said to have died "inteatet" if she died with out a Will and the intestacy laws in the state will apply.  The issue here will be giving notice to the potential heirs and the method generally is via publication by court order after due diligence is made in locating them.  That is by affidavit.  I think it best to seek legal help with all of this.  You can not do anything with the house until all heirs are notified. Good luck.


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