Anyway my husband can have partial claim to property

[Harn]

What is the name of your state (only U.S. law)?
Georgia.

I know it's a loong shot but it's so important to my husband

My Husband's grandfather passed away not quite 7 years ago. We were always told his grandfather did not have a will. After his grandfather passed his mom lived in the house. His mom had 2 brothers. His mom always said the house was split equally between the 3 of them. One of the uncle's passed not too long ago and recently, my husband's mother passed. His mother did not have a will either. We went to the clerk of courts to get a copy of the deed to the property and come to find out, it was never changed from their dad's name to all 3 of them. So, does it automatically go to the last sibling.

Not that this has anything to do with the situation, but the uncle is currently hiding from the law and he's in and out of jail and always end up with warrants out on him.

If it is rightfully the uncle's property, is there anything we can to to contest it and my husband have part ownership? It would devestate my husband to see that house turned into a drug house or end being sold on the courthouse steps because his uncle would probably not be able to pay taxes on the property. Taxes are currently due for this year but I know it takes awhile of backed taxes before the county takes it. We thought about offering what we have in savings, which is only 10,000, because he is an addict would possibly be willing to take it. I highly doubt he will but it is worth a shot if there is no other way to have a claim on the property.

 

[justalayman]

Ownership is determined by the facts at the time of death. It sounds like you would have to probate your grandfathers estate to determine and transfer ownership. You would then have to probate your mothers estate to determine and transfer ownership.

If it passed to all three children, each share would pass to their heirs upon their death.

 

[Harn]

If we try to get his grandfather's estate probated, how do we prove it was suppose to go to all three kids? Do we need to prove it or is it automatic, since he did not have a will, that it should have went to all of his kids? If we need the uncle to come to the court house to help probate it, he won't because of the warrant out on him. He wouldn't even cooperate anyways, to be honest. I know we need to see a probate lawyer, but we just wanted to see what my husband's chances would be with having a claim. If it's pretty much a very low, low chance, we don't want to spend all our money on court and whatever cost it all will entaI'll. It's worth spending money but not if there is no chance to begin with.

 

[justalayman]

If we try to get his grandfather's estate probated, how do we prove it was suppose to go to all three kids? Do we need to prove it or is it automatic, since he did not have a will, that it should have went to all of his kids? If we need the uncle to come to the court house to help probate it, he won't because of the warrant out on him. He wouldn't even cooperate anyways, to be honest. I know we need to see a probate lawyer, but we just wanted to see what my husband's chances would be with having a claim. If it's pretty much a very low, low chance, we don't want to spend all our money on court and whatever cost it all will entaI'll. It's worth spending money but not if there is no chance to begin with.

there are a lot of possibilities regarding the property. How title
Was held; debts against his and your grandmothers estates and much much more. You can't make a simple statement regarding the probate and expect it to mean much of
Anything.

 

[LdiJ]

If we try to get his grandfather's estate probated, how do we prove it was suppose to go to all three kids? Do we need to prove it or is it automatic, since he did not have a will, that it should have went to all of his kids? If we need the uncle to come to the court house to help probate it, he won't because of the warrant out on him. He wouldn't even cooperate anyways, to be honest. I know we need to see a probate lawyer, but we just wanted to see what my husband's chances would be with having a claim. If it's pretty much a very low, low chance, we don't want to spend all our money on court and whatever cost it all will entaI'll. It's worth spending money but not if there is no chance to begin with.

I am going to answer this as if there were no debts against grandpa's estate because its been 7 years since grandpa died so debts are likely irrelevant.

Someone probates grandpa's estate to get the house transferred to his three children. That part is pretty much automatic. Because two of the sibling are deceased it isn't going to be a situation where they agree to deed the property as joint with rights of survivorship so each of their shares would then pass to the next generation.

So, your husband's mother's share would go to her children, and your husband's deceased uncle's share would go to his children, and your husband's uncle who is on the lam share would to him. So probate would have to be opened for both your husband's mother and your husband's deceased uncle to get the shares transferred to the next generation.

 

[justalayman]

I am going to answer this as if there were no debts against grandpa's estate because its been 7 years since grandpa died so debts are likely irrelevant.

Someone probates grandpa's estate to get the house transferred to his three children. That part is pretty much automatic. Because two of the sibling are deceased it isn't going to be a situation where they agree to deed the property as joint with rights of survivorship so each of their shares would then pass to the next generation.

So, your husband's mother's share would go to her children, and your husband's deceased uncle's share would go to his children, and your husband's uncle who is on the lam share would to him. So probate would have to be opened for both your husband's mother and your husband's deceased uncle to get the shares transferred to the next generation.

While i mixed this thread up with one where there was a grandmother, your description is way to simplistic albeit generally accurate for what it is.

Even ignoring grandfathers debts (and yes, i agree they are likely able to be ignored OTHER than a debt supported by a lien against the home if present), you still have mothers estate and uncles estate that may have carrried enough debt that the sale of the home was required to clear them.



In today's world you can never ignore the possibility of a child other than the children spoken of, the possibilities of spouses of the deceased second line generation (op's mother and her siblings) that may have some claim to anshare, and way too many possibilities of debt that can be held against an estate.

That is why I didn't want to start the op down a path that can turn into a briar patch so quickly after leaving the known path. If op wants to start the journey they should start with an attorney that can review what is known and hopefullly with a modest amount of research can provide the op with an answer that Takes the many possibilities into consideration.

I will say this though; ignoring any possible claims that would result
In losing the property from the game, op's husband should be entitled to a share and (in the most simplistic calculations), a 1/3 share. If the value recieved is worth spending the money to obtain it, then op should start the journey with an attorney.

Op must realize that her husband will share ownership with brother on the lam and if there are any, all of deceased brothers children. That in itself can make the journey not worth taking in some cases.

 

[Harn]

While i mixed this thread up with one where there was a grandmother, your description is way to simplistic albeit generally accurate for what it is.

Even ignoring grandfathers debts (and yes, i agree they are likely able to be ignored OTHER than a debt supported by a lien against the home if present), you still have mothers estate and uncles estate that may have carrried enough debt that the sale of the home was required to clear them.



In today's world you can never ignore the possibility of a child other than the children spoken of, the possibilities of spouses of the deceased second line generation (op's mother and her siblings) that may have some claim to anshare, and way too many possibilities of debt that can be held against an estate.

That is why I didn't want to start the op down a path that can turn into a briar patch so quickly after leaving the known path. If op wants to start the journey they should start with an attorney that can review what is known and hopefullly with a modest amount of research can provide the op with an answer that Takes the many possibilities into consideration.

I will say this though; ignoring any possible claims that would result
In losing the property from the game, op's husband should be entitled to a share and (in the most simplistic calculations), a 1/3 share. If the value recieved is worth spending the money to obtain it, then op should start the journey with an attorney.

Op must realize that her husband will share ownership with brother on the lam and if there are any, all of deceased brothers children. That in itself can make the journey not worth taking in some cases.

My husband wouldn't be upset if he had to share the ownership. That place is very sentimental to him and he's ok with sharing. He just wants to make sure it is kept up and doesn't turn into a drug house, which he fears.

I do know his mom has had some debt from this past year. Seems to be all medical because her insurance was denying her ER and hospital claims that were life threatening, for some reason. Waiting on the death certificate to call and try to sort all that out. Hopefully we can get it straightened out. If not, than there is debt she would have. Not sure the amount, as I need to go back through everything but o don't remember it being outrageous bills. I could have overlooked some bills though.

His uncle was married. He wife is terminally ill and they don't expect her to live much longer. Not sure if his uncle had debts. Probably so. No clue if he had a will and his wife is so depressed there is no way we would ask. She actually doesn't know about my husband's mom's passing. The doctor strongly advised against telling her because she already has the worst case of clinicle depression the hospital doctor has ever seen. Now his uncle did have a step-child. Depending on whether his uncle had debts would determine if it goes to the wife, correct? Then, when the wife unfortunately passes, it goes to the 1 step-child, if his wife had no debts, right?

Also, my husband does have a sibling who is currently incarcerated. He would get part of their mom's share, right? I know his sibling would probably sign his part over to my husband. Always a chance he wouldn't but with his situation and this whole situation, I'm pretty sure he would sign it over.

Back to the debts. Say his uncle owe's debts and maybe his mom. How do they collect on their debts if the third sibling has a share in the house. Can they just take the third siblings share and recoup the debt from selling the house, even though there is still a living sibling who has partial ownership?

I know all this is a big huge mess. I do thank you all for the replies.

 

[justalayman]

When you inherit, unless a specific item is bequeathed to a person, what any heir is due is their share of the value of the decedents estate. Hard assets often must be liquidated to pay debts and the remaining money is then given to whomever it belongs to. If it comes down to the only asset available to use to pay the others debts is the property, then yes, it can be required to be sold. Your husband is due value; not a specific item but the value of the item.

In situations like those people in your husbands position often are relegated to either purchasing the other share holders share or letting it go and accepting cash.

 

[Harn]

Now is that the case in every state that you know of or no? I tried researching for our state and what I was finding said my husband has no claim at all. We are going to consult with a lawyer either way, just to make sure, but I was curious on your knowledge. I know in no way you are offering legal advice but just trying help point us in the right direction(which, I know, see a lawyer is the right direction). I just wanted to make sure I added that in there since I had/have all these question and we are totally ignorant on how all of this works.