Grandparents passed away and aunt moved in

Asked almost 2 years ago - Wichita, KS

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. Eric Jerome Gold


    Contributor Level 19


    Lawyers agree

    Answered . 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.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  2. James P. Frederick

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  3. Donald Joseph Quinn II

    Contributor Level 15

    Answered . 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... more

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