Who is the owner of our house now that my mother passed away?

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Who is the owner of our house now that my mother passed away?

My mother passed away last year. She left no Will. The house that my husband, father, and I are living in was owned by my mother’s mother (my grandmother who died 3 years ago); she also did not leave a Will. The house is still in my deceased grandmother or grandfather’s name (he died 26 years ago). My mother has 1 brother who lives out of state and wants nothing to do with the house. My brother is handicapped and lives in a nursing home. Who has the rights to the house and what can we do to get things settled?

Asked on February 12, 2012 under Estate Planning, Louisiana

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the confusion.  The intestacy statutes in the state will apply here and it is best for you to consult with an attorney.  Now, you would have to start from the probate of your grandparents estates.  They I assume owned the house with "rights of survivorship" so when your grandfather passed it went to your grandmother.  When she passed it went to your mother and her brother half each.  They, however, will not own with rights of survivorship so when she passed half of her interest is included in the estate.  Her half would be divided depending on the other assets but generally a portion to your father and then the remaining portion to you and your brother equally. If her brother is going to relinquish his rights then it would go all in to your mother's estate and then divided according to intestacy statues.  Good luck.    


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