Q: Mom lived in house 50+yrs & paid off original mortgage in her mom's name. She has 3 siblings, who owns it?
Grandmother died in 1970's. There was no probate. Her siblings want to sell the house now to split cash for retirement, but she does not want to leave. Can they force my mom to move and sell? Who owns the house? Unknown if there is a will or who's name is on the title of the house.
A: It is not possible to answer your questions without more information. This will probably require some kind of probate procedure to get the title out of your grandmother's name and into the names of her heirs. Who those heirs are depends on facts that have not been stated. Your best bet is to hire a probate attorney to help you finally wrap up your grandmother's estate.
A: The first step is to look at the deed to the house. Whose name is it in? Is it in your grandmother's name or your grandmother and someone else? That will make a big difference. It could be in "Joint Tenancy" or "Community Property" or just in your grandmother's name. The property cannot be sold if the person or persons whose name(s) it is in have passed away. It must go to court to change the name of the owner. That process is called "Probate". The first step is to look for a will or trust signed by your grandmother. The second step is to get a copy of the deed to the house. This is public information and a realtor can help you get this. The third step is to take this information to estate planning or probate attorney to have it evaluated. There IS an answer to your question. Even if you can't find a will, something can be done. The judge can order the house sold and the net proceeds divided up among the heirs.
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