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