QUESTION
Am I entitled to half of the earnings of the sale of my grandmother's house since my father died?
Asked on Dec 18th, 2013 on Estate Planning - California
More details to this question:
My grandmother died in April. Her house was immediately put up for sale by my father and my aunt. My father then died in November. My grandmother's house was sold approximately 2 days after my father's death.
15 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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Your father's probate estate should receive any disbursement that would have passed to your father. If he had a will, then that will control the ultimate distribution of his estate. If no will, the Tennessee's law of intestate succession will control. You and other heirs need to seek the advice of counsel.
Answered on Mar 19th, 2017 at 5:52 AM
3 Awards
Hard to say. It depends upon how title was held, the applicability of a Will etc. You need to sit down with an attorney who will need to review the records.
Answered on Dec 23rd, 2013 at 4:45 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Most likely you should get half unless they (your grandmother, aunt and dad) were all owns as joint tenants with a right of survivorship then your aunt gets it all.
Answered on Dec 20th, 2013 at 10:12 PM
Edwin K. Niles
Your father's estate should be entitled to half, if I read you correctly. You may have to open a probate for your father's estate.
Answered on Dec 20th, 2013 at 10:11 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Yes, assuming your father had no will, it would appear that you, along with any siblings you have, would be entitled to inherit his portion of the sale proceeds. The question remains how the house could have been sold after your father's death, since the Act of Sale would have had to have been signed by him.
Answered on Dec 20th, 2013 at 10:11 PM
You should be entitled to your father's share. Do you have brothers and sisters? If you are his only child, you would be entitled to his share.
Answered on Dec 20th, 2013 at 10:05 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are entitled to the share of your father who is now deceased.
Answered on Dec 20th, 2013 at 10:01 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Most likely, the answer is yes. It depends on the title to the property and whether there is an estate or trust involved. You should not try to deal with this without the assistance of an attorney.
Answered on Dec 20th, 2013 at 9:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. Is his wife still alive? Did he have a will? How many siblings are there? Was he entitled to half the net proceeds of the house? You need to talk with a local attorney and be prepared to get the documentation necessary for the attorney to give you an accurate answer.
Answered on Dec 19th, 2013 at 10:36 AM
Probably not. You might be a beneficiary of your father's estate. For more detailed information, consult with an attorney specializing in estate administration.
Answered on Dec 19th, 2013 at 10:36 AM
2 Awards
Your father's estate is entitled to his share. You are an heir of your father, so you would share it with the other heirs or if he had a will or trust, the beneficiaries of the will or trust would share it.
Answered on Dec 19th, 2013 at 10:35 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You must look to the manner of ownership of the house. If it was owned by your grandmother, father and aunt as joint tenants with rights of survivorship then the survivor, your aunt, would be the sole owner after your father's death. If the property was owned by your grandmother and it was distributed or sold out of your grandmother's estate then you should be entitled to a share of the proceeds as your father's heir or legatee by distribution from your father's estate.
Answered on Dec 19th, 2013 at 9:42 AM
You don't mention whether your grandmother had a will or not and whether you have any other aunts, uncles, or siblings. If your grandmother died without a will, the state's intestacy laws will determine who inherits the proceeds of the sale. If she had a will, it will determine whether you inherit anything.
Answered on Dec 19th, 2013 at 9:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend on a number of things, have an attorney look into it.
Answered on Dec 19th, 2013 at 9:42 AM
Neal Michael Rimer
What you are entitled to depends on the situation. Was there a Will? Trust? What does the Will or Trust state will happen with your grandmother's assets? What is stated about the requirement of the beneficiary surviving to a distribution or only surviving the death of the testator? You need to consult with an attorney. There is no way to know anything without more facts.
Answered on Dec 19th, 2013 at 9:42 AM