Q: Do we have a case?
My husbands grandmother passed and her property is almost up for taxes. It is his step dad’s mother but he raised him. None of the other family want anything with us (they are druggies and we are law enforcement) and they have no funds to probate and don’t wish to. They want to mooch off of the land and property until taxes takes it. We don’t mind paying the taxes but we would want the property in our name (it’s in 3 generations names at this time because no one ever transferred anything). I am 100% willing to hire a lawyer I just want to know if we would have a chance at getting this property if we are the ones who probate.
A: There isn't enough information to determine whether your husband would end up with the property through probate. It may be simpler to keep an eye on the property and buy it at a tax sale. You might have to outbid someone but would likely get the property for a song either way. Or you may be able to buy out the family members that have interests. You and your husband should bring what papers you have relating to the property and any Wills his ancestors left behind and go see an experienced probate lawyer. Many, including me, offer free initial consultations.
Richard Winblad agrees with this answer
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