The will leaves my mother's house to one granddaughter. There are 4 surviving children, my mother left the land and the house to all 4 children in a gift deed back in 2007. The gift deed was filed with the courthouse and is legal. Don't we need for probate to take place in order to determine who the house belongs to? Three of us say the house belongs to us because of the gift deed, the fourth sister, who is the mother of the granddaughter the house was left to, says it belongs to the granddaughter. The will was filed with the probate court on Sep 6, I thought I read somewhere that something would happen within 60 days of that.
What I think needs to happen is that you need to have the Deed reviewed by an attorney to determine its effect. If the deed conveyed your mother's entire interest in the home, there is nothing left to pass under the Deed. At the very least, you need to know the effect of the Deed.
I have actually had the deed looked at by the attorney that drew up the will (ironically, he is the same attorney that drew up the gift deed in 2007) and an additional attorney in the same city. I get different answers - the deed conveys all the land and all improvements to the four daughters equally. One attorney says that improvements mean the house and the barn, the other attorney says it's a gray area because even though the house has been a permanent fixture for 30 years it is technically a manufactured home, even though it has permanent built on porches front and back, etc. So obviously that one sister is not in a big hurry for probate to take place, it could very well take the house away from her daughter. She she was the one with the power of attorney during mom's last year of life, she is the one that had my mom draw up the will. But since the will has been filed with the court, is there any way I can get them to probate it or can they just sit on it for years???
The manufactured home would appear to be part of the estate, whether it is considered part of the real estate or not. Since no one is apparently pushing this, someone needs to step up and do so. This would normally be the executor. If the executor is the sister whose daughter is living on the property, which seems likely, she appears to have a conflict of interest. Someone else can petition to become executor or at least to petition the court for direction on what needs to be done. You should consult with an attorney to determine how best to proceed.