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Probate Woes...

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OPguy

Junior Member
What is the name of your state (only U.S. law)? SC

Hopefully someone out there can help me or at least point me in the right direction as to what I need to do. I am having a most difficult time with a property which was willed to me by my father.

In 1965 my father co-signed a mortgage for his then elderly parents to purchase a home. He co-signed the mortgage with his brother and therefore four people were listed on the title/deed to the home. In 1976 my grandfather died and his estate was never probated and in 1977 my grandmother died and her estate was also not probated. Currently the deed to the home shows my grandmother and grandfather +ET AL as well as my father and my uncle.

I did pay an attorney $300 for an hour of his time to give me advice that didn't leave me with a good feeling. I did gather from the attorney that the deed is a Tenancy in Common deed and that my father's ownership was 25% of the property. This is a property which is now worth approx. $800,000 - meaning the share which was bequeathed to me is now worth approx. $200,000.

I have probated my father's will and I have had myself listed on the deed through Deed of Distribution. My issue is now that my aunts and uncles are unwilling to probate their parents estate after 34-35 years and could care less that they are depriving me of something which is now rightfully mine. My aunt, who is not listed on the deed, took it upon herself to allow her granddaughter to move into the house. I am receiving no compensation from anyone living there and they have started to make unauthorized changes to the house.

This is a complete mess and I'm not sure what to do or where to turn. $200,000 is a lot of money, but I do not want to pay an attorney $300 an hour to get me nowhere. I'd also like to evict the current occupants but I'm not sure how I can do that since I own only 25% of the property.

Does anyone have any ideas?
 


Dandy Don

Senior Member
You can force probate open yourself by hiring a probate attorney to open up probate so that these matters can be resolved. Hopefully that attorney can also resolve your title/deed problem, or a separate consultation with a real estate attorney might also accomplish that.
 

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