Q: Father died w/out will "interstate succession". Do heirs to his estate take his half of mother's estate?
My gram died, left father & uncle equal share of house & money. Father died w/out a will (interstate succession) before my gram's estate closed. Fathers wife, sister & I are heirs to his estate. Do we jointly own his half of my grams estate with my uncle. Can one of us evict him from property due to active addiction (e.g. Property damage, mental illness, harm)?
A:
Your question is missing important facts, but I will do my best.
To begin with, your uncle would potentially have the right to stay in the house only if he pays rent. Half the rent may go back to him, but he is still obligated to pay rent.
With respect to his being thrown out, whether for non-payment of rent or personal conduct, that is up to the Executor of your grandmother's estate. If your uncle is the Executor, you would need to contact a lawyer to file a petition to have him removed and replaced, now as Administrator, and it would then be up to the new Administrator to throw him out.
If your grandmother left the home to your father and uncle jointly, which would be very unlikely, since your father died, your uncle would get the house. It is far more likely that your grandmother left the house to your uncle and father equally, as tenants in common. The lawyer handling the estate would need to tell you that. If the house was left to your father and uncle as tenants in common, your father's half interest would pass through his estate.
With respect to your father, an estate would have to be opened and his wife would be appointed Administratrix, unless they were no longer married. In that event, a child would be appointed. Your father's estate would be entitled to whatever your father was entitled to as part of your grandmother's estate.
I could not tell if your reference to a "sister," was your sister or your father's sister. A sister to your father would have no interest in his estate. If there are at least two children, i.e., you and, if applicable, your sister, his wife would get one-third of your father's estate, if they were still married, and the balance would be divided among the surviving children. If your father and his wife were no longer married, the entire estate goes to the children. If your father had only one child, half the estate goes to the wife and half goes to the child.
You need to consult a lawyer to help you through this process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
