What to do if a house is still in my deceased grandfather’s name?

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What to do if a house is still in my deceased grandfather’s name?

My grandpa died 14 years ago and my grandma died 7 years ago. The house is paid off but it is still in my grandpa’s name and it was never in my grandma’s name. My mom has been living in the house basically all her life and has been paying the taxes on it. There are some thing that are now going on and I would like to know how to put this house into probate. I know my mom was put on my grandma’s checking account but I do not believe my Grandma or Grandpa had a Will or a Trust. Do one of my aunts or uncles have fight for the house? Or can I?

Asked on December 10, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to resolve the title issue concerning your grandparents' home, you need to get a copy of the deed to it and carefully review it. If title was in joint tenancy, then your grandmother inherited the home by operation of law and her estate has to be probated is she had a Will and if not, administered. If there was a trust, the estate is to be administered under the trust.

Given the passage of so much time after the grandparents' passing, I suggest that you consult with a Wills and trust attorney to assist you on how to proceed concerning title transfer of the home and who possibly may be entitled to an interest in it besides your mother, aunts and uncles.


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