What legal rights do I have to my grandmothers home that i lived in for 30 years, she is now deceased and did not sign her will,

Asked over 1 year ago - Port Jervis, NY

her kid want the house sold for money for themselves, I still live there,and am about to be homeless

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . If there is no will it will pass through her Estate and go to her kid (s) assuming she is not married. You may end up having to move out.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Charles Adam Shultz

    Contributor Level 19

    2

    Lawyers agree

    Answered . Unfortunately you have no rights to access and live in the house. If your parent who was a child of your grandmother is deceased, you would be entitled to his/her share of the estate. Under intestacy your grandmother's estate will be distributed equally to her children with the children of any deceased child taking their parent's share equally.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  3. Ian William Maclean

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . The answer to your question is that it depends on whether you are the son or daughter of one of your grandmother's children who predeceased your grandmother. If your mother or father who was born from your grandmother (or adopted by her) died before your grandmother, then you stand in the same "shoes" with the same rights to a share of the house as your aunts and uncles. If there is no will, then all of her living children and all of her predeceased children's children who survived grandmother have a right to a share in the home. If, however, your mother or father who was born from your grandmother is alive - one of the kids who want the house sold for themselves, then you are most have no property rights. In either case, if you are about to lose your home, wouldn't you want to talk with an experienced attorney to provide you with counsel on your rights? - Ian W. MacLean

    This is not legal advice. If you would like legal advice, please contact the firm. The firm offers legal advice... more
  4. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Mr. Rothstein. I do not see any right to remain in the home. You might be able to buy the home from them, if they are willing, but that sounds doubtful. This situation highlights the need for every person to get their estate planning in order. If your grandmother had done that, presumably, you would not have these worries, now. Estate planning is a necessary fact of life.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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