Q: My grandmother passed away over a year ago and my mother didn't put the estate through probate and she recently passed
My grandma's will says if her children are deceased the home goes to her grandchildren but my mom's husband is tying to take the house. My mom never put the house in her name... will me and my siblings inherit the home or does he have rights?
A: Assuming there is no trust then a probate of some variety is required (depends if value more or less than $166,250 in value) for grandmas estate. That would put the house into moms name. Then moms probate would be required and it depends on if she had a will. If mom had no will I would say the house sounds like it’s “separate property” and thus it should be divided with moms husband. That division depends on if mom has one child or more than one. If you are only child then 50% to you and 50% to her husband. If more than one child then 2/3 to kids and 1/3 to husband. I would definitely hire a probate attorney to help you here. Good luck.
Nina Whitehurst , James Edward Berge and Carol A Fauerbach agree with this answer
A: Even though your mother has passed, she still survived your grandmother. This means that your grandmother's assets would go to your mother's estate. However, inheritance is considered separate property and should not automatically go to your mother's husband. He might get a portion of it, but not all of it.
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