More details to this question:
My grandfathers home {estate} sold in the State of CT and closes in 60 days. My Aunt is the executor. At the beginning, my father was listed as Co-Owner until his death and the my step-mother was listed as Co-Owner. My stepmother died last year. Her kids paid part of taxes on this property last year, where I was never asked or knew nothing about. My stepmother had stated before her death that she wanted her children to get her share. At the beginning it was suppose to have been my sister and I, not my stepmother children. My sister had died. My question is that I am the oldest grandson and live with my grandparents for some time. I was raised with my grandparents. Shouldn't I be entitled to this money or have an interest in this money since I was/am the oldest grandson and they were my fathers mother and father.? Why do step children have a more right to this money that I do?
1 ANSWER
The first question is who owned the property at the time of your grandfather's death? You indicate that it was owned by your grandfather and stepmother jointly, but by jointly do you mean as tenants-in-common or joint tenants? Whan a tenant in common dies, his/her share passes to his/her heirs, whereas when a joint tenant dies his/her share passes to the other joint tenant.
Given that your grandfather did not become the sole owner after your father died, I'm going to assume that the property was not owned as joint tenants when your father and grantdfather owned it, but rather as tenants in common, meaning that your father's share passed by his will, or if no will, by the laws of intestacy. Since, under the Connecticut laws of intestacy, you would have been entitled to a partial share of your father's property if he had died without a will (how much depends ona your family situation, i.e. whether you have siblings, etc), I assume, since your stepmother became the joint owner with your grandfather, that she inherited pursuant to your father's will.
When your stepmother died, her tenant in common share passed to her heirs, either by will or by the laws of intestacy. Either way, it's likely that her share passed to her children, meaning that at the time of your grandfather's death, the home was owned as tenants in common 50% by him and 50% by your stepmother's children. You indicate that your aunt is the executor, which means that your grandfather had a will and his half interest in the home passes pursuant to it. If he left you an interest in the home, you would be entitled to some money; if he did not, you would not. For example, let's say the home sells for $500,000, of which $200,000 is left after paying the mortgage, legal fees, closing costs, etc. Of that, your grandfather's share would be $100,000. Thus, if he left you a 25% share of his estate, you would be entitled to $25,000.
There are a lot of suppositions in this response, As you can see, there are a lot of important facts which you didn't include in your question, and maybe don't know. It might be a good idea for you to engage a Connecticult estate attorney to help you.
Answered on Mar 23rd, 2021 at 11:08 AM