West Terre Haute, IN asked in Real Estate Law, Estate Planning and Probate for Indiana

Q: My grandmother left in her will, her house to her son and disabled daughter. There was no stipulation for survivorship.

My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in common' which means that each of the two will have an undivided 1/2 interest, and that 1/2 interest would be inheritable by their heirs/devisees.

THEN you will need to probate both Aunt's and Dad's estates .... this gets complicated rather quickly, and depending on family structure, you and your 3 siblings may well be set to inherit all of the property equally. ASSUMING there are no other debts.

You need to consult with a local probate attorney in the area where the decedents lived (it may or may not be done all in the same county, but at the very least, you will need to involve the Courts in the county where the property is located).

Seek local legal help. This is not a DIY project!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Alexander Florian Steciuch agrees with this answer

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