Mass_Shyster
Senior Member
OK, here we go again..
As of this point, son one and son two each own an undivided interest in the property. It also seems that grandad left his wife (grandmother/mother) out of the will, or at least did not leave her any interest in the house.
Son one now owns a 3/4 interest and son two now owns a 1/4 interest.
Since Grandfather left "the house", and not "his interest in the house", this implies that he properly devised the fee simple absolute to son one and son two. If grandfather did not own a fee simple absolute, then OP chose his words poorly, and will need to come back and correct.
As of this point, son one and son two each own an undivided interest in the property. It also seems that grandad left his wife (grandmother/mother) out of the will, or at least did not leave her any interest in the house.
As is shown later, this is done with a quitclaim deed, granting only his interest to mother. If the property was left to son one and son two as joint tenants with rights of survivorship, this grant would have destroyed the joint tenancy. Either way, son one and mother now own the property as tenants in common.
Now the house is owned by son one and the estate on grandmother/mother, as tenants in common. The estate must now go through probate. If there was no will, and son one and son two are the only heirs of mother, son one inherits 1/2 of mother's 1/2 interest, and son two inherits 1/2 of mother's 1/2 interest.
Son one now owns a 3/4 interest and son two now owns a 1/4 interest.
Nope. He only owns 3/4 of the house.
Bummer. He's only entitled to 1/4. Also, son two doesn't have to sell unless he wants to or the court sells it (partition for partition).
He doesn't have to do anything he doesn't want to.
