Q: Grandma passed 2yrs ago.Now im out of jail.House has new owner All is gone.Dont think she left a Will.Caretaker gone too
I cant really think.Im devastated but i cant just sit.I need answers.Who do i direct myself to?Grandma did have live-in caretaker,this woman is gone wont answer my calls.I feel aimless.Dont know where to begin.I never got notified about sale of house or where cars were going or our furniture or my dogs.There was a small note of $30k owed to Wells Fargo Home Equity and home valued at $650k.How can anyone sale a house if there is no Will? Who has the money from sale of our house? Who or how to ask? Is it too late to get back the property? I dont think my grandma had a Will but how can I know for sure?And what can i do about everything else like our belongings inside the house.I found one of my babies thanks to a dog Rescue but my other baby was euthanized.Ive lost my grandma and my dog and cant bring them back but is it possible to get back any of my other stuff?
A:
I am sorry to here of your troubles. You case is complex enough that you need to talk with a lawyer to see where you stand, but here is some information that may help you along.
Where to find probate information: If you grandmother had no will and no trust, and assuming the house was not joint tenancy property, there would have been a Probate. It would be located in either the county of your grandmother's place of residence at the time of death or the county where the real property is located. Most court websites (but not all) allow you to look up cases on line by looking under your grandmother's name.
Joint Tenancy: If the home was in joint tenancy with another person, the property would pass by operation of law (no probate). You could go to the county recorder's office and see what the most recent deed prior to the sale stated to tell if it was in joint tenancy. However, if it was in joint tenancy all is not lost, as the deed could be set aside. If the deed names a caretaker as the joint tenant, there may be a presumption of undue influence and fraud. You will need to take to a lawyer, who may be able to do the "title search" for you.
Your Rights to Notice: If there was a Probate or a Trust Administration (no court) you may have had rights to notice. If you are related to your grandmother by blood or adoption and your parent (your grandmother's child) is deceased, you would be an intestate heir and entitled to certain notice. If the Administrator or the Trustee failed to give you proper notice they may be personally liable to you.
Statute of Limitations: You may hear that your claims are barred by the applicable statute of limitations. This may or may not be true. Any limitations period may have been tolled (lawyer speak for "paused") while you were incarcerated. However, this is a complex issue and a lawyer would need to help you.
In closing, you should contact a lawyer. Better if you do some initial investigation on your own (property records and where the probate, if any, was venued [located]). But, I would not delay as you do not want a lapse of time to bar your claims. A good place to look for a lawyer is your local county bar association attorney referral service. But, as always, do your own research as to the attorney's qualifications.
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