What are my rights to my grandmother’s house?

UPDATED: Jan 12, 2012

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What are my rights to my grandmother’s house?

My dad has been living in my grandma’s house and paying the taxes by himself since her passing 5 years ago. With my dad’s passing my aunts say that my sisters and I have no right to anything besides what they say (even the rings on his finger and his ashes). This is because it was their mother and father’s house. Do we have rights?

Asked on January 12, 2012 under Estate Planning, Montana


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for the problems that have occurred.   Did your grandmother die with or without a Will?  If she died with a WIll and left everything to her kids then you would inherit your Father's porition of her estate now that he has passed.  Same really holds true if she died with out a Will.  His portion of her estate vested in him upon her death and it passes to you and your sister.  Moreover, you are his descendents and have control over his ashes and belongings (well the ashes issue goes with the funeral bill issue so that may be a different story).  You need to get legal help here.  SIgn nothing from your Aunts.  You need to figure out the tax issue and if it would be considered rent, etc.  Upkeep attributable to all of them.  Good luck. 

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