QUESTION
Can I get the house if my grandpa's house is vacant, he and his wife and kids are dead?
Asked on Apr 14th, 2013 on Estate Planning - Delaware
13 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you are the only heir, yes. You should probably file for probate and find out if there are any other heirs.
Answered on Apr 15th, 2013 at 1:42 PM
The answer will depend on their Wills, if any, or the laws of their state concerning intestate succession. The next factor to determine is whether someone purchased the tax liens on the property and successfully foreclosed those. Your best course of action is to consult with an attorney who specializes in estate matters.
Answered on Apr 15th, 2013 at 1:37 PM
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This is a very complex question, and there is not a simple answer. How the property is presently titled is very important, as is information about who is in possession of the property. If it is possible, it would probably involve multiple probate cases. I urge you to speak with an attorney in person and provide details of your family tree with dates of death. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 15th, 2013 at 1:37 PM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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There most likely needs to be a probate of the property, will or not. I suggest seeing an attorney.
Answered on Apr 15th, 2013 at 1:37 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have not provided enough information. Presumably, the someone who paid the taxes may have an interest in the property, as well. Who is the owner on the title? The presence or absence of a Will could also be important.
Answered on Apr 15th, 2013 at 1:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the assistance of probate legal counsel right away, to file a petition into probate to have the house awarded to you.
Answered on Apr 15th, 2013 at 1:36 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Check title to the house. Possibly occupy it and start paying the taxes yourself. You may be able to get it.
Answered on Apr 15th, 2013 at 1:36 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You have to work through this step-by-step. 1) Who owns the house (really, not by guess and by golly, but who is the owner according to the last recorded deed in the county records?). That person's estate needs to be administered. If grandpa died before his wife, and/or his kids, then the result is going to be different. Grandpa's estate may have passed according to his will, or to his wife and kids in shares by intestacy. Then their estates would have to be administered.
Answered on Apr 15th, 2013 at 1:36 PM
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I suggest you immediately contact an attorney and draw out a family tree. If someone paid the back taxes, and it wasn't a tax sale, they may be trying to possess the property adversely. If you have a legal right to it, you might lose it based on the rights of the person trying to possess it. Speak with an attorney.
Answered on Apr 15th, 2013 at 1:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should consult with an attorney. It is impossible to answer your question with the information which you provided. If you are the last heir and it was part of his estate, then there is a possibility. On the other hand if someone has been paying the taxes you can anticipate someone else has a claim.
Answered on Apr 15th, 2013 at 1:32 PM
You will have to look at the record title for the house and the Wills of all of the intervening relatives that survived your grandpa but are not deceased.
Answered on Apr 15th, 2013 at 1:32 PM
Probably see a lawyer so he can check the title and check if there was a probate.
Answered on Apr 15th, 2013 at 1:32 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you are his heir you may have a right to i.
Answered on Apr 15th, 2013 at 1:31 PM