QUESTION

my grandfather willed me a house in his will,my uncle is trying to sell my house how can he do that ? arnt thats what a will is for ?

Asked on Jun 24th, 2012 on Wills and Probate - West Virginia
More details to this question:
how can I stop him for selling my house?cant I put him in prison ?
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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A Will’s purpose is to state a person’s wishes for how he or she wants property handled when he or she dies. Until the person dies and the Will goes through probate in court, it is only a statement of wishes. During probate, the judge issues orders for handling the property and that is what makes the wishes enforceable. Has your grandfather died? Has his Will been through probate? In probate a judge would order transfer of the title to the house out of your deceased grandfather’s name and into the name of whoever the judge decides is the rightful heir. Until that is completed it simply is not your house. If your grandfather is still living, there are reasons your uncle may have the right to sell the house. For instance, your uncle may have a Power of Attorney or guardianship giving him the authority to do what is needed financially, to pay for the care, living expenses or debts of your grandfather. It is difficult to understand when you are expecting to receive an inheritance, but until someone dies there is no inheritance. What property belongs to the person is first to be used while he is alive for his own benefit, including paying his debts and taxes. Inheritances are made of what is left over. Try to approach your uncle in a calm and businesslike way, rather than accusing him of a crime. He might explain what is going on with your grandfather’s property. If you have already accused him, you can simply say that you were surprised and confused and hope he will accept your apology. If your grandfather has died, the court-appointed executor will notify you of hearings and court orders toward getting you whatever you might inherit. During the probate process, you will have a chance to contest activities you believe go against your grandfather’s wishes. If that is the case, be sure you have written proof of wrongdoing and hire the best probate lawyer you can afford. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Aug 02nd, 2012 at 11:56 AM

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