grandfather passed...who legally owns house now?

What is the name of your state?
NY. My grandfather passed and my grandmother is in the nursing home with Alzheimer's disease. Nobody is her power of attorney. Is the house now legally hers? Should the executor of the estate be allowed to enter the house and do as he pleases, while blocking the family out completely with his own padlock, taking our personal family pictures and saying he will make copies of them if we like? Thanks in advance.

NYfemale said:

What is the name of your state?
NY. My grandfather passed and my grandmother is in the nursing home with Alzheimer's disease. Nobody is her power of attorney. Is the house now legally hers? Should the executor of the estate be allowed to enter the house and do as he pleases, while blocking the family out completely with his own padlock, taking our personal family pictures and saying he will make copies of them if we like? Thanks in advance.

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How about a few facts?

HOW exactly is the deed written and how are the names listed WORD FOR WORD.

Does granny have a will?

Has probate been filed?

BelizeBreeze said:

How about a few facts?

HOW exactly is the deed written and how are the names listed WORD FOR WORD.

Does granny have a will?

Has probate been filed?

Click to expand...

Gramps passed.

Does grampa have a will?

grandfather passed

Yes, grandfather has a will. It will be read tomorrow morning. Grandmother also has a will. I will tell you tomorrow what the deed says and whether probate has been filed. Thanks in the meantime.

HOW title is vested is very important (because this may mean the property passes OUTSIDE probate).

After that, Gramps will MAY also be important as to his interest in the property.

Grandma is still alive, thus Her will is irrelevant at this point. She needs care, so, her assets might be needed to pay for her ongoing care, depending upon what SS she gets, what medigap coverages she has, and what other assets exist to cover her care costs.

Has anyone been appointed guardian to oversee Grandma's care?

updates NY state

Oh my. Will was read. What a mess. He left me the land we live on, plus the entire residual estate, after all bills and heirs have been paid their shares. The deed to the house is in both my grandparents names, therefore social services is contesting the will..understandably. Yes, I think she does have a guardian. Yes she does have a will also.

I would like to know what you think I should do on the issue of the executor.
He has helped himself to things in the house that he feels he should have and removed all of the things my grandfather says he could have even though the lawyer says no one can remove ANYTHING from the house until probate is finished. I have told the lawyer this and he is not concerned it seems. He simply says that the executor is doing his job. The executor is telling my mother that he is going to make it hard for me because he doesnt think I deserve it...basically saying "well she isnt getting this and she isnt getting that"...which he has no say over. He has also been throwing things out....lord knows what. I found out by peeking in the window. Now there are NO TRESPASSING signs all over the property. Should I get a different lawyer? Even though its already in probate? Thanks in advance.


please see post dated 07/20/06 for more on this case.

Sorry For Replying To This Vulture's Double Post

The OP's grandmother was appointed a legal guardian making her issues, for lack of a better word, mute. See her posts at link below.

https://forum.freeadvice.com/showthread.php?p=1433586#post1433586

BlondiePB said:

mute

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The word is MOOT, not mute!

Indiana Filer said:

The word is MOOT, not mute!

Click to expand...

After thinking about my choice of word mute, it actually is a synonym for what I wanted.

Mute = voiceless

Therefore, the OP is voiceless in this matter.

Thanks for your input, Indiana.

you dont understand

I am not a vulture. I am the only one who truly cares about my grandmother and the things she cares about. The most important thing to her is her home and the business she and my grandfather had together for some 40+ years. All of this is "down the toilet" so to speak. They told me all the years they raised me that some day all of this would be mine and now its all going to be auctioned off I guess. In both of their wills it says it all goes to me but now social services will just take it I guess...antiques they spent their entire lives learning about and collecting...auctioned off to the highest bidder. Well it wont be me..you can be sure of that and if I even come through it with the land we have been living on for the past 14 years it will be a miracle I guess. Sorry if you think that makes me a vulture.