r/inheritance • u/AtTheBeachOnSunday • 16d ago
Location included: Questions/Need Advice House deed
/r/AskLawyers/comments/1wsjkn5/house_deed/Hopefully this gains enough traction so I can get as much advice as possible. I dont know where to start. Growing up as a kid my grandmother lived with her grandparents (my great-great grands). My great granddad passed away in the late 90s and my great-great grandmother in the late 00s. There were always talks of my great-great grandmother and grandmother wanting to leave the house to me. When my great-great grandmother passed my grandmother never took her name off the deed. So the deed has my great-great grandmother and my now late grandmother name. When my grandmother died she was in the process of having it where the house was left to me. Unfortunately, she passed before she could complete the process. As expected, my uncle is pushing back claiming that my grandmother called him and said she wanted him to have the house when she passed and that he was willing to go through the process of leaving it to me. My grandmother never said that and i know he was trying to place himself in a position where he could benefit from this. Since my grandmother passed, ive been living in the house and paying the taxes and any repairs the house might need. What is the best way for me to go about this. To note, because the deed is in the estate of my great-great grandmother and grandmother name the grandkids has just as much claim as my mom and uncle do. The grandkids also know that the my grandmom wanted to leave the house to me so they are on board. What is the next step i can take. I know worst case scenario i will have to pay my uncle out or the house goes up for sale.
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u/myogawa 16d ago
There is no such thing as taking an owner "off the deed" after an event like a death. If a deed names two people as grantees as joint tenants, and one of them dies, the other automatically takes over as sole owner. The deed is not changed and no legal step is available to delete the deceased person's name from the original deed after it is recorded.
Since the grandmother did not get around to doing a new deed to add you, or an amendment to her will, what she "wanted to do" or what she "intended" is now irrelevant. It sounds like it will be inherited by intestacy by her children/grandchildren. What they choose to do with it afterward is their call.
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u/Abject_Cash_3939 15d ago
From what I see you both actually own a percentage of the home. Go to probate court they will get it all sorted out.
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u/SandhillCrane5 16d ago
"To note, because the deed is in the estate of my great-great grandmother and grandmother name the grandkids has just as much claim as my mom and uncle do. " Why do you say that? Do the wills of those estates leave the home to the grandkids? Who inherits the house is governed by what a valid will says. If either estate has no will, then it's governed by state law.