Q: My grandma died in May and left her house to her three children my dad being the youngest child passed away .
my sister and i live in grandmas house.We need to know our rights because our uncle is trying to kick us out and we do believe that we are part owners and would like to know what our rights are.
A: Did you grandmother leave any will or trust documents that control the distribution of grandmother's estate assets? If so, you would have to review those documents to see if there is language in the documents that says what happens to a beneficiary's share of the estate if they die before grandma, ie does it go to their issue/descendants or does it lapse and go to the other named beneficiaries. This is a critical first question because the document controls. If it is silent then dad's share would pass to you and your sister and you would have beneficial rights. The document would still need to be reviewed by an attorney to see what duties/obligations uncle as the personal representative has.
A: If there is no will or trust, then yes, you are part owners (or will be when the correct procedures are followed). What your rights are right now is something you really need to go over with a real estate/probate attorney. It depends in part on whether there is a probate case with an administrator. Don't wait to speak with an attorney; this is too valuable and important to risk losing your rights, which can happen if you do not take quick action.
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