Asked in Real Estate Law for Louisiana

Q: My dad and his brother own a home. They both passed away. How is home devieded with grandchildren

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered

A: That's probably going to depend on how they owned the home and possibly who died first. If they were joint tenants with right of survivorship, the last one to die probably became the home's sole owner and the property would pass to his heirs (if he did not have a valid will) or his devisees (if he did have a valid will). If, however, they owned the property as co-tenants, the heirs or devisees of each one would share the interest of their ancestor. The grandchildren would probably only inherit any portion if their parent, who would have inherited from the deceased grandparent, died before the grandparent.

For an actual answer to your question, you need to talk to an experienced probate attorney in your area. He or she will need to ask questions before being able to tell you what should happen. Many offer free initial consultations.

PS: My comments here are for general information only and are not legal advice about your particular situation nor do they create an attorney-client relationship with me. Consult a lawyer in your state for legal advice about your specific situation.

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