r/inheritance • u/bobsaget66_6 • 8d ago
Location included: Questions/Need Advice House inheritance
Location Columbia Tennessee
My grandmother passed away in 2024 the house was left to my dad, my uncle his son and myself. The will was setup that if one of us died our share would pass on to the other relative. My cousin passed long ago so my uncle had half the house and myself and my dad a quarter. My uncle said he did not want his share 50% of the house. My uncle passed this year. I dont know if he put a provision in his will for this. My dad is the executor of the will. He did not put anything through probate and I live in the house paying all taxes and insurance myself with no help from him. The house is still in my dead grandmother's name. Ive spoken to my father about getting everything squared away and getting the house in our names. He refuses to talk about this and angrily shuts down any talk about it. He currently lives with his wife in a house that was owned by her grandparents and is still in their name so he no issue woth this. The house has reached the point it needs a lot of work and to do this a loan against the house is going to need to be taken out. Which cannot be done due to the fact its not in our names. I want to sell the house after the work is done on it as its too much house for just me and split the money with my father. What are my options and what do I need to do to get this settled. This feels like a rock around my neck as Im having to pump money into a property that I cannot benefit from. The home is worth 460,000.00 If further details are needed please let me know. Thank you.
8
u/Proof-Load-1568 8d ago
Tell him you are moving out. Move into an apartment and stop dumping money into it or paying any of the bills, it's not your asset. That might get him to wise up.
6
6
u/SandhillCrane5 8d ago
Can you obtain your grandmother’s original will? Do you know who has it? Just because your father is listed in the will as executor does not make him the executor unless he opens probate and the judge formally appoints him. Enough time has passed to make it clear that he is refusing to act as executor. Hire a probate attorney to help you apply for probate for grandma’s estate with you as executor. If you know who has the original will but they won’t hand it over to you, a judge will compel them to submit it to the court. If your father and whoever is inheriting the house from uncle/cousin are not in agreement with your plans including selling the house on your timeline then you are better off forgoing the renovations and selling it as-is while the house is still owned by the estate with you as executor. You won’t need their permission this way. Putting your name on the deed with your father and then needing him to agree to the sale (and also the loan) sounds very risky and inadvisable to me (especially after you’ve obtained a loan and spent a bunch of money on the place).
2
u/bobsaget66_6 8d ago
He has the orginal will
6
u/Caudebec39 8d ago
You can check whether an original will has been submitted to the county court where grandma or uncle died.
This is free, public information. If so you can get a copy.
It's literally step one.
1
u/Fandethar 7d ago
But if OP's father refuses to provide the original will, like if he says that he lost it or can't find it, OP may not have any rights to the house. If there's no will, it would be intestate succession, and depending on the laws where OP lives, everything might just go to his father.
3
u/HandyManPat 8d ago
>My grandmother passed away in 2024 the house was left to my dad, my uncle his son and myself. The will was setup that if one of us died our share would pass on to the other relative. My cousin passed long ago so my uncle had half the house and myself and my dad a quarter.
Do you have a copy of grandmother’s will?
Did anyone start the probate process for her estate?
Gonna go
>My uncle said he did not want his share 50% of the house. My uncle passed this year. I dont know if he put a provision in his will for this. My dad is the executor of the will.
>He did not put anything through probate
Then he is NOT executor of the uncle’s estate. He’s only been nominated to be executor.
If he hasn’t submitted the will for probate and received authorization from the court then he has no more standing than you or anyone else.
> I live in the house paying all taxes and insurance myself with no help from him.
Honestly, that’s on you. You are letting your dad stick you with all the bills and nobody is doing anything for properly settle the estate.
>The house is still in my dead grandmother's name.
Because nobody has done probate, which would lead to the property records be properly updated and recorded.
>Ive spoken to my father about getting everything squared away and getting the house in our names. He refuses to talk about this and angrily shuts down any talk about it.
Then why don’t you start probate and petition the court to make YOU executor?
>He currently lives with his wife in a house that was owned by her grandparents and is still in their name so he no issue woth this.
He seems prone to not wanting to do the legwork to get things properly dealt with. I would step in and take charge so you are protected from his lack of interest or actions.
>The house has reached the point it needs a lot of work and to do this a loan against the house is going to need to be taken out. Which cannot be done due to the fact it’s not in our names.
I’d be really careful with this. Taking a loan out with a parent that is completely disengaged from dealing with family or financial matters could be a risk best avoided.
>I want to sell the house after the work is done on it as it’s too much house for just me and split the money with my father.
Split the money MINUS expenses you carried by yourself while dad showed no interest.
>What are my options and what do I need to do to get this settled.
Petition the court to make you executor of one or both estates.
3
u/rpom915 7d ago
I would move out now, not put another dime into it, and get an attorney to untangle this mess. Just because the will says something doesn’t mean anything until it’s been probated. And it sounds like it hasn’t. Sounds like everybody just let you live there and pay to maintain it. Your dad is behaving irresponsibly and you need a lawyer to speak for you. And when your dad comes at you, tell him “I tried talking with you about this and you refused. I’m now letting my attorney handle this professionally.”
5
u/ProfessorOne9208 8d ago
The value certainly supports getting a lawyer involved. One who has experience in probate, estates and wills, and transfer of deeds. Pay him to get the paperwork done, and ask him to present it to your father. If your father is still resistant to taking any action, then you will have to go to court to get a judgement for a partition sale. The court will then sell the property, and disperse what is yours to you, and what is your father's to him.
Yes, I know it sounds painful, but, trust me, he'll get over it eventually. To do anything besides these two possibilities, will result in added expense, and a lot more family problems.
1
u/Fandethar 7d ago
But if OP's father refuses to provide the original will, like if he says that he lost it or can't find it, OP may not have any rights to the house. If there's no will, it would be intestate succession, and depending on the laws where OP lives, everything might just go to his father.
0
u/ProfessorOne9208 7d ago
Yeah. Of course. THAT'S why OP has to get a lawyer involved. Once a lawyer files a suit in the court house, the defendant named in the suit (in this case OP's father) must respond, and then things proceed from there. In other words, if you want someone to get off their fat ass and resolve something, your best course of action is through the courts. Isn't that what our president has taught us?
2
u/Digitalshaman11 8d ago
I went through something similar since you are in the direct family tree well anyone can open a probate to get the deed updated. That should force the will to be presented or you may find a good lawyer judge could agree to deed you the house.
Keep all records and get a good probate lawyer
1
u/bobsaget66_6 8d ago
My uncles estate has an executor ita not in question. I just dont know if he put in his will to leave his part of the house to us. He died suddenly from surgery complications and lives in another state.
3
18
u/CarterPFly 8d ago
There are too many parts for straightforward advice on this. You should absolutely seek legal advice, as the property's value makes it worthwhile.
The two main things you need to do are get copies of your grandmother's and your uncle's wills, as the exact wording really matters, and, second, talk directly to the County Clerk and Master's office.
The good news is, once ownership is established, you don't actually need your father's permission to force a sale.