2-27-2002
DEAR NORAJEAN:
If the uncle is legally the official owner of the house, then he does have the right to sell it. However, it seems as if there is some question as to whether he is the rightful owner.
(1) Even though your grandmother did not have a will, you need to visit the county courthouse probate court to see if an "intestate" probate file (meaning "without a will") was opened for her. If there was, then there should be financial information in there about how your uncle handled the estate, and you can look at that information free of charge, and there may be some information in there about the house and how it was handled.
Under normal circumstances, all of her children (your father and your uncle, and other siblings, if there were any) should have been named legal heirs of your grandmother, therefore should have received inheritance rights to a share of the home and their names should have been added to the deed.
However, I'm guessing that your uncle somehow took control of the home illegally, either by buying it at a low price, or by having just his name put on the deed, or by not have the names changed on the deed at all. Eventually, you will need to pay to have a title search done to see whose name is listed on the records as being the official owner of that home.
(2) While you are at the courthouse, you also need to look at your father's probate file to see how HIS estate was handled and if there is any mention in there about the house.
It looks as if your mother is being denied her rights to her share of this home, because the grandmother's estate and your father's estate was not handled correctly as far as someone forgetting to have the deed changed to show their ownership.
You need to talk to a local probate attorney and possibly also a real estate attorney to find out what the next steps are that you need to take, and whether or not you would need to go to court to get things fixed. You might need to have your attorney request a hearing in probate court to get your father's name and/or your mother's name added to the deed (if they are legal heirs), so this way the sale can possibly be stopped or even if the sale does go through, she would at least have rights to some of the money. It is also possible that your mother has rights as a surviving spouse that would enable her to stay in the house for a certain period of time. Also, if you spoke with an attorney who specializes in evictions, he could give you some tips to take on how your mother can stall the eviction and stay in the house as long as legally possible.
SINCERELY,
advisor