My grandmother passed away a few years ago. She wanted me to have the house, not her son. I am trying to get the deed in my name but it seems to be a complicated process since my dad in not in the picture. I have tried the process before but got the run around and then was told I need a lawyer. The lawyers I talked to wanted 8000 to 10000. I have lost my job and I am unable to pay that amount. And I am homeless due to the lack of a job. What do I need to do to get the house?
Because your late grandmother failed to have an estate plan in order, you will need to initiate a probate matter in the county where her property sets. Since there was no will saying that the house goes to you, there appears to be no legal process, directly, to get you the house. Your dad has entitlement before you. If he had siblings, they too will have a right to it before you. If you have cousins, other grandkids of your grandmother, they too have an equal right along with you. You will need to get all of them to sign a declination of entitlement to the house. Since there was no will, you are not the designee to get the property of your grandmother--- whether you believe so or not.
To do this huge "uphill task", you will be wise to only proceed with an attorney. I would even bet you will have an extremely difficult time finding an attorney who is optimistically going to represent you ..... to "get the house".
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
Mr. Powe gives very good advice. Unless all of your grandmother's heirs who have priority above you waive their right to inherit, you have no way to get this property. You mention that you grandmother wanted you to have the house - did she ever express that in writing? If so, the writing might qualify as a testamentary instrument that could be interpreted as a "will". If you have such a document, hire an attorney to help you through the process.
I hope this helps you. If it has, please mark as "helpful" or a "best" answer. ******************** I am licensed in Michigan and Illinois, and regularly handle legal matters of this sort. The answer provided here is based on the limited facts you have submitted Actual documents, expanded facts, and local law knowledge are all necessary to provide a comprehensive and specific answer to your questions. The opinion offered here is for your information only and no client-attorney relationship is created by this response.
I do not see any way that you can do this on your own. As my colleagues have pointed out, regardless of your grandmother's verbal expressions regarding the house, it does not pass to you under the law, unless there is an estate plan that directs that, in writing. You have two other possible options for securing the property. 1) Your father and any other heirs sign off on it, (which would need to be done in a probate proceeding); and/or 2) All other heirs are predeceased, leaving you as the only person in line to inherit the property. Since it sounds like the second option is not available to you, at this point, the question is whether or not your father (and any other heirs) would be okay with you having the house. Whether that is possible or not is not included in your summary. The fact that you were apparently able to find two attorneys willing to take your case, albeit for a high fee, suggests that there are other facts in your favor that you have not shared.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** 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. I hope you find our answer helpful!
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