My grandmother is living in a home owned by her now deceased parents. She is last surviving child. Is home legally her

Question

The home is in the deceased parents name and the question is whether my grandmother, the last surviving child, has the legal right to sign the home over to one of her children.

Richard Sternberg · Answer

The answer depends on a number of factors including, at least: 
 
1) How the house was titled to her parents; 
2) where each parent resided at time of death; 
3) When each parent died; 
4) Where the House is located; 
5) Who anywhere in the chain of title had a Will; 
6) What each such Will said;  
7) if there are no Wills in the chain of title, the names & dates of birth and death of any legal intestate heirs; 
8) Whether spousal rights apply at any stage; 
9) Whether there were any children of the half-blood, adopted children, or other special circumstances in the chain of title; 
10) Whether there may be any relevant easements or adverse possession claims; 
11) Whether there are any delinquent tax or mortgage loan issues.  
 
I’m sure I can think of more issues during an interview, but I think this will suffice to show that it may be more complex than that. “Heir property” is a gold mine for the enterprising lawyer. Your grandmother can and should convey by Will or Deed anything she owns, and it will be easier to resolve title while she is alive and has the capacity to deed, but the mess will be all the more complex if it waits for her death.

Q: My grandmother is living in a home owned by her now deceased parents. She is last surviving child. Is home legally her