QUESTION
What are my rights in my grandfather's will if my uncle decides to sell the house?
Asked on Nov 08th, 2011 on Estate Planning - Georgia
More details to this question:
My grandfather died and left his house to me and my uncle in his will. My uncle is executor of will. Can my uncle sell the house, which I live in, without my agreeing to the sale price or the sale period? I was not even told when the will was probated.
5 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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I am not certain what the rules are in your state, but in Indiana, all beneficiaries under a will have to be given notice of the probate process. However, if your uncle is the executor, and the will allows for him to sell assets, then he can do so. However, you would be entitled to half the net proceeds of the sale. You can also choose to purchase the home from the estate, if you wish to stay in it. You should consult with a probate attorney in your area to be certain all rules and procedures are being followed.
Answered on Feb 17th, 2012 at 12:22 PM
3 Awards
First it is important to determine how the property was titled at the time of your grandfather's death. If it was in joint tenancy with your uncle, or your uncle was a Pay on Death beneficiary it would pass to him by operation of law regardless of what the Will says. If the asset was only in your grandfather's name then it would be necessary to go through probate. If it is/went through probate you should receive notice of the petitions, etc. You should probably review the title information available on line for the county where the property is located and determine the ownership status and history. You may want to seek legal counsel to address the specifics of your situation.
Answered on Nov 09th, 2011 at 12:31 PM
Donald B. Lawrence
You have not stated when your grandfather died. You indicated you did not get notice when the will was probated. If you are a named beneficiary and/or a next of kin, you should have been notified when the will was offered for probate and your uncle was appointed. It is not clear from your question whether your uncle and you share current ownership of the home or if he has a life estate with you having the remainder interest. If his will has been offered for probate, check with the probate court in the county of his residence at the time of his death to see if the will has been filed and if you can get a copy. Once you have more information, your rights can be clarified.
Answered on Nov 08th, 2011 at 11:51 PM
Glen Edward Ashman
That depends on the wording of the will. You need to see a lawyer ASAP.
Answered on Nov 08th, 2011 at 10:50 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you're named in the will, the will cannot be probated without notice to you. Get a lawyer to review the probate file and draft an appropriate response to the PR.
Answered on Nov 08th, 2011 at 10:50 PM