Asked in Estate Planning and Probate for Virginia

Q: My gma died in 1998, and she didn't have a will, my mom, aunt & uncle have all passed my aunt was the last to pass and

left my grandmother house to her husband. I've been asking him for it for 2 yrs for the house & all he says is let me think about it. Is there I way I can get my gma house from him? We live in VA but the house is in NC.

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1 Lawyer Answer

A: You need to review each of the estate's before reaching a conclusion. Some things are clear from your recitation of facts, however. The house no longer belonged to your grandmother by the end of 1998. If she didn't have a Will, the house then belonged to whomever was named as a successor in the deed (by rights of survivorship, if any), Will, or intestate succession in accordance with whatever law was applicable to the house or the state of your grandmother's residence. It then passed in accordance with their Wills, deeds, or intestate successions. If the house belonged in fee simple to your aunt, and if she properly left it by Will to her husband, the best way to get the house from him would be to buy it.

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