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Grandparents passed away and aunt moved in

Wichita, KS |
Filed under: Probate Probate assets

My grandparents passed away in 2008. She left two out of seven children in charge of her affairs. Those two let another sibling move in. House payments and taxes are current. Wells Fargo now is telling all involved that there are no rights and they are going to for
Close on the house. The house is still in grandma and grandpas name. What can we do to keep the house in the family?

Attorney Answers 3


  1. As long as the payments are current, Wells Fargo should not be able to foreclose. That said, there is no reason not to have this property pass through probate, to the heirs. There is no good reason NOT to do this. Probate matters do not improve or get easier or less expensive, over time. The opposite is very often the case. I would have a probate attorney assist you with this process.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. If all payments are current, the lender should not be threatening to foreclose. Without reviewing the communications from the lender, there is no way to understand exactly what is going on. There must be more going on then has been presented in your statement. At this point, you should consult with a local probate attorney about your situation. You may want to explore probating the estate. The longer you wait to go through this process, the more costly it can become.

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  3. In KS you can hire an atty to do a simplified estate.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less