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Dad passed away

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Erin30

Junior Member
Georgia.... Hey everyone...Question. My dad passed away in February, he had no will. He owned 2/3 of my grandmother's house, and my aunt owns 1/3. My dad.. His wife... And my younger brother lived in the house for a year to take care of my other aunt, who has mental issues. She has always lived in this house. Now my dads wife is saying that she is selling the house, and my aunt who owns the 1/3 will need to buy out what she (dads wife) owns? My question is, did my dads 2/3 go to his wife? Or did my 1/3 aunt automatically get my dads part also? Also, I have read about intestate laws when there is no will. Spouse and deceased's children own everything equally... Is this true? Me and my brother signed petition for executor of estate papers given to us by dads wife attorney.... Did we relinquish any rights we may have by signing those papers? Thanks for any advice. My only objective here is for her to not be able to sell that house and my unstable aunt have to leave her home.
 


justalayman

Senior Member
The first thing you need to do is review how title to the home was held. If it was simply as tenants in common your fathers share passes to his heirs as intestate laws direct. If held in joint tenancy with rights of survivorship the shared owner (your aunt) would inherit the entirety of the interest in the home. Check that out.


Then, if it was tenants in common it is subject to probate. Given no will, his wife inherits 1/3 of his estate. That is 1/3 of his total estate. If there are enough assets that his children could be given 2/3 of his total net value without selling the home then the wife, as executor, could assign herself his entire share of the home. Just as well, if there are enough assets otherwise, she could assign your fathers share in the home to to his children and she take her share from the other assets.


In either situstion it is not as simple as she is selling the home. She can only sell her share of the home. She, on her own, cannot sell the home (in whole) without the other owners permmission or a court ordering the home be sold. She cannot force your aunt to buy her share.

She can seek to partition the home though. That is where a court essentially sells the home (if the owners cannot come to a solution on their own). In the end a court will likely order it sold but it is a lot more complex than she is presenting it as right now.
 

justalayman

Senior Member
I would like to add;

You have my sympathy for your loss. I lost my father 1 year ago (actuslly about 1 year and 3 weeks). It's tough to have to deal with the loss and then have a situstion with a disputed estate (my fathers has its share of issues too). No matter how things are resolved it seems somebody is hurt and disappointed.
 

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