I'm want her house back my dad is not her son or a blood relative and my GMA signed the will over to him after my mom (her only child passed away) her estate is in my name done signed by a judge. Can I get it back? My GPA built that house and she wanted it to stay in the family and my dad is not her son and has remarried science my mother passed
An executor must follow the testamentary wishes as stated in the will. The executor has a fiduciary duty to the heirs to follow the will and cannot exercise their own discretion on who gets what unless expressly authorized in the will. If the will is valid and states that your dad gets the house, the executor must follow those wishes. If you think the will was made under duress or is otherwise invalid, you could challenge it in court but an executor cannot change the testamentary wishes on their own.
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No, your grandma's will controls. However, you could ask your father to sign a disclaimer. In that case, the house would be treated as if he also predeceased GMA (so the next contingency, if any).
There are ways to get around this in a legal manner. I highly recommend that you seek out those options. The attorneys' fees for the executor are paid from the estate assets; so you will not pay personally for advice on how you are required to handle your executor duties and the options. Good luck!
The terms of the WILL control who receives property--regardless of relationship (blood or not). From what you've explained, I do not see that you'll recover the house. Sorry but that's the way the law of wills works--it follows the DESIRES of the testator (person who signed their Will).
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