My grandmother had a will and when she died she left her house to my mom and uncle my mom and uncle are both dead would the house go to there kids they dident not have wills

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My grandmother had a will and when she died she left her house to my mom and uncle my mom and uncle are both dead would the house go to there kids they dident not have wills

My mom and uncle were left the house
in my grandmas will but there dead
now and my mom and uncel did not
have a will so whould the house go to
there kids ?

Asked on February 11, 2018 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When there is no will, assets pass by "intestate succession," which is the rules who gets what when there is no will. In CA, when someone dies with children but no spouse, the children inherit everything from them (that is, their children split the inheritance in equal shares). But if your mom died first, much depends on how she and your uncle owned the house, since there are several ways two (or more) people can jointly own real estate. If they owned the home as "tenants in common," when she died, her children inherited her share or interest  in the home (and then when he died, his children inherited his share or interest). But if they owned it as joint tenants with right  of survivorship, then when one co-owner passes away, the other inherits his/hers share--so if she died first, her share in the home would go to your uncle. You need to know how they jointly owned the home to answer this question.


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