Q: My disabled mom just passed away and her siblings want to sell her house there was no will can they do that?

A: To answer your questions properly, a lawyer would need to know: (1) Did your great grandmother have a trust or will; and (2) How is the house titled, i.e., joint tenancy, tenants in common, etc. Here’s why that information is important.

(A) All transfers of real estate and promises of inheriting real estate must be in writing. I recognize that verbal promises are generally enforceable. But inheritance of real estate is an exception to that general rule.

(B) If your great grandmother did not have a trust or will, was there any written evidence that she wanted her grandchildren to have her home? If yes, a lawyer would need to read it to see if it is valid. If not, the house will need to be transferred by a probate judge. In other words, if there is no valid writing to prove to whom your great grandmother’s wanted to transfer her property, someone in your family will need to file a Petition in Probate Court and go through the year-long probate court process, which will end with a court order that someone can take to the Recorder of the county where the real estate is located.

(C) All that having been said, sometimes the title to the house will trump everything and tell the world to whom the property should be transferred. For example, if the title to the real estate was something like “Great Grandmother’s name and John Jones, as joint tenants” then, upon your Great Grandmother’s death, John Jones would get 100% ownership of the property.

So, in short, if there’s a will or trust, that document would say who gets the property. If there is no will or trust, the law determines who gets the property — EVEN IF there were verbal promises made. The reason is that the inheritance of real estate must be in writing unless the title provides otherwise.

I hope that helps!