• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Estate married out of the willl?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

captbly

Junior Member
WA. Property is in MI.

My grandparents had a will, and they only had 2 children. My mom was wrote out of thier will, but here share was to go to here 4 kids (i am one of them). My grandmother died first and my grandfather remarried. There was a new will done (and I have a copy) It was stated in the will that the estate would go to the surviving spouse or if they both went together things would be devided in half. 1/2 to her side and 1/2 to our side. (of which I would represent a share in 1/4).

Unfortantely my grandfather passed first (its been about 9 years now). I contacted my uncle (my aunt was my grandparents other child, but she died before this happened) and he indicated that there really wasnt much of the estate left. I really didnt believe this as I figured they were worth at least 250,000. I also figured there wasnt much I could do as long as my grandfathers new wife was alive. I dont know if she is stilll alive or not, and I assume she probably got a new will and that was all she wrote..our inheretance was gone.

Recently I found out that my grandparents main residence in MI (which has to be worth at least $100,000) was signed over to my uncle shortly after my grandfathers dead. I contacted the county office where the property is and they said that my uncle got a quit claim deed for under $50. This is just wrong and although none of it is fair...I dont know if I have any legal basis to make a claim against this property. I know there is no warranty deed to it right now.

If nothing else I learned I need to protect things so this doesnt happen to my own kids.

thank you for any insight you can provide

Dave
 


Dandy Don

Senior Member
If mom was written out of the will, there is no way that "her share" would pass to her children.

You (or your probate attorney) need to get copies of both of your grandparents' probate files (or go to the county courthouse to look at the files in person) to see exactly how their estates were handled.

Your attorney will also need to look at the quitclaim deed to see if what was done was legal or not. Who did uncle ask to sign away/give up rights on this quitclaim?

After your attorney has reviewed all of the facts, he/she can advise you on what steps you may need to take to correct.

DANDY DON IN OKLAHOMA ([email protected])
 

captbly

Junior Member
Dandy Don said:
If mom was written out of the will, there is no way that "her share" would pass to her children.

You (or your probate attorney) need to get copies of both of your grandparents' probate files (or go to the county courthouse to look at the files in person) to see exactly how their estates were handled.

Your attorney will also need to look at the quitclaim deed to see if what was done was legal or not. Who did uncle ask to sign away/give up rights on this quitclaim?

After your attorney has reviewed all of the facts, he/she can advise you on what steps you may need to take to correct.

DANDY DON IN OKLAHOMA ([email protected])
Thanks Dandy. Mom was wrote out of the will but at the same time they wrote me and my 3 sisters into the will. The wording reads "to the surving children of my daughter".

To clarify my grandfathers last will, with his new spouse Mary. Reads that all property goes to Mary if "she survives me". We are listed in item #2 in the event that Mary is gone. So basically Everything went to Mary after my grandfathers death. And I would guess she was the one that signed the quit claim deed.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top