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Grandma gifted homes to uncle before he died. Grandma has died. Who gets homes?

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kimmy007

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

My grandmother gifted 2 of her homes to my uncle some years ago. He passed just a few years ago after being gifted. I believe the home went back to my grandmother after his death? My grandmother just died last week. My uncle has adult biological children and a wife (she may be common law wife, I'm not sure). Grandma did not leave a will and we're now wondering who would legally get these 2 homes that she gifted to my uncle? Would his children and or wife get them since it was initially gifted to him prior to his death? The reason I say the homes went back to my grandma is because my sister pulled the records at the courthouse the other day and she said this is what the records showed, that the properties were originally gifted to my uncle, then after his death, they were gifted back to my grandmother somehow. Can you let us know how this works?

Thanks!
 


Just Blue

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

My grandmother gifted 2 of her homes to my uncle some years ago. He passed just a few years ago after being gifted. I believe the home went back to my grandmother after his death? My grandmother just died last week. My uncle has adult biological children and a wife (she may be common law wife, I'm not sure). Grandma did not leave a will and we're now wondering who would legally get these 2 homes that she gifted to my uncle? Would his children and or wife get them since it was initially gifted to him prior to his death? The reason I say the homes went back to my grandma is because my sister pulled the records at the courthouse the other day and she said this is what the records showed, that the properties were originally gifted to my uncle, then after his death, they were gifted back to my grandmother somehow. Can you let us know how this works?

Thanks!
I suggest you contact a local Estate Attorney.
 

PayrollHRGuy

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

I believe the home went back to my grandmother after his death? My grandmother just died last week.
That right there is the key. What makes you think the home went back to your grandmother? It either did or didn't.
 

Zigner

Senior Member, Non-Attorney
That right there is the key. What makes you think the home went back to your grandmother? It either did or didn't.
OP does go on to say this:
The reason I say the homes went back to my grandma is because my sister pulled the records at the courthouse the other day and she said this is what the records showed, that the properties were originally gifted to my uncle, then after his death, they were gifted back to my grandmother somehow.
 

LdiJ

Senior Member
That right there is the key. What makes you think the home went back to your grandmother? It either did or didn't.
Based on the second explanation, I am going to guess that mom added her son to the deed with right of survivorship, and then when the son died, the houses became her sole property again by right of survivorship.
 

HRZ

Senior Member
LDiJ makes a point well worth checking ....go make copies of deeds as recorded

Somebody would be smart to get officially appointed administrator of GMs estate .and the state rules may spell out some selection priority ....absent official appointment means no real legal power to move the ball forward
 

latigo

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

My grandmother gifted 2 of her homes to my uncle some years ago. He passed just a few years ago after being gifted. I believe the home went back to my grandmother after his death? My grandmother just died last week. My uncle has adult biological children and a wife (she may be common law wife, I'm not sure). Grandma did not leave a will and we're now wondering who would legally get these 2 homes that she gifted to my uncle? Would his children and or wife get them since it was initially gifted to him prior to his death? The reason I say the homes went back to my grandma is because my sister pulled the records at the courthouse the other day and she said this is what the records showed, that the properties were originally gifted to my uncle, then after his death, they were gifted back to my grandmother somehow.(?)
You and your aunt make an interesting duet.

You aren't sure of anything other than the incredulous proposition that the ownership of the two homes supposedly gifted to the uncle "some years ago" has supposedly been in limbo since his death "a few years ago"!

And unless the uncle returned from the grave long enough to "gift deed the homes back to grandma", your aunt is talking out of the back of her neck!

If this gnawing curiosity as to the status of ownership of property in which you have no apparent legitimate interest is in need of satisfaction, then order and pay a Louisiana licensed title company to prepare and issue a full title report!
 

kimmy007

Junior Member
That right there is the key. What makes you think the home went back to your grandmother? It either did or didn't.
I say this because this is what my sister told me. She went to the courthouse and pull records on my grandmother's properties. I have not seen these documents myself. Her words were: my grandmother gifted the properties to him. Then after he died, they were gifted back to her. Is that even possible for them be gifted back to her after his death?
 

HRZ

Senior Member
NO?.but had sis made copies of the deeds it might be easier to unwrap ...the following is quite possible. ( there are other possibilities)!

1. Grandma gifts an interest to her son in two homes by adding him to both deeds , as in new deeds, joint tenants with right of survivorship.,

2. Son dies first , all elements of ownership merge with grandma ,she is the survivor .
 

kimmy007

Junior Member
You and your aunt make an interesting duet.

You aren't sure of anything other than the incredulous proposition that the ownership of the two homes supposedly gifted to the uncle "some years ago" has supposedly been in limbo since his death "a few years ago"!

And unless the uncle returned from the grave long enough to "gift deed the homes back to grandma", your aunt is talking out of the back of her neck!

If this gnawing curiosity as to the status of ownership of property in which you have no apparent legitimate interest is in need of satisfaction, then order and pay a Louisiana licensed title company to prepare and issue a full title report!
Such a classy response, latigo.

CORRECTIONS!

Not one time did I mention aunt!! I never said my "aunt" said they were gifted back to her. I said my sister told me this after seeing the court documents. It's not "this gnawing curiosity" as you so stated. It's my grandmother!! My deceased father's mother!!! I must be legitimately interested in the status of ownership of these properties, otherwise I wouldn't have come here to inquire.

Maybe my sister just misunderstood what she was reading or just said it wrong. I don't know. But neither one of us really have a full understanding of how this gifting thing works. That's why I'm here seeking advice. I mean, this is freeadvice.com, isn't it?

I'm aware that I can pay someone to do this work for us, but I wanted to try and get free advice before making that decision.

Thanks for nothing, latigo!
 

kimmy007

Junior Member
NO?.but had sis made copies of the deeds it might be easier to unwrap ...the following is quite possible. ( there are other possibilities)!

1. Grandma gifts an interest to her son in two homes by adding him to both deeds , as in new deeds, joint tenants with right of survivorship.,

2. Son dies first , all elements of ownership merge with grandma ,she is the survivor .
Thanks for your response, HRZ. I'm thinking this may be the case. Not really sure though. So if I'm understanding you correctly, after son(my uncle) died, she then became sole owner of the properties? If so, who currently has legal rights to these properties now that she has passed? Both of her sons are deceased (my father and uncle). There's only myself, my sister, and my uncle's children left.
 

HRZ

Senior Member
COpies of the deeds , perhaps the key information is on first page, but copy the whole darn thing , and both the current deed and the immediate prior oneS ...stop

IF it's as we suspect..and GM owned them all at her death and she died without a will, then the division of her assets AFTER the bills get paid, is sort of simple to lay out on family tree per your states intestacy rules...but somebody needs to step up to plate and be officially empowered as administrator to get the steps done

THere could be other prior deed " gift" possibilities....get the deeds copies and zero in on starting point.

PS the person who steps up to the plate to do the work is generally entitled to a modest fee and costs before any benificaries get a dime ..and yes you can do 1% of work and hire lawyer for 99% and both get paid.and you still get your full fee.
 

kimmy007

Junior Member
COpies of the deeds , perhaps the key information is on first page, but copy the whole darn thing , and both the current deed and the immediate prior oneS ...stop

IF it's as we suspect..and GM owned them all at her death and she died without a will, then the division of her assets AFTER the bills get paid, is sort of simple to lay out on family tree per your states intestacy rules...but somebody needs to step up to plate and be officially empowered as administrator to get the steps done

THere could be other prior deed " gift" possibilities....get the deeds copies and zero in on starting point.

PS the person who steps up to the plate to do the work is generally entitled to a modest fee and costs before any beneficaries get a dime ..and yes you can do 1% of work and hire lawyer for 99% and both get paid.and you still get your full fee.
Thank you so much, HRZ. You've been very helpful. We're considering doing a succession, but one of my uncle's daughters is not on board, because she wants to take all of what he owns, while leaving her sisters out completely. My sister and I are telling her she can't legally ,do this and that we should do a succession. But she's not really listening.. But anyway, that's a different issue. Thanks again for your advice!
 

Zigner

Senior Member, Non-Attorney
Thank you so much, HRZ. You've been very helpful. We're considering doing a succession, but one of my uncle's daughters is not on board, because she wants to take all of what he owns, while leaving her sisters out completely. My sister and I are telling her she can't legally ,do this and that we should do a succession. But she's not really listening.. But anyway, that's a different issue. Thanks again for your advice!
Has nobody opened probate?
 

HRZ

Senior Member
BALONEY

And you are doing it wrong ...get the facts as printed in the relevant deeds!!

THe distribution rules are in the law...your uncles daughter's views have the strength of wet toilet paper.

Get off your lazy fanny and you file to administer things under the intestacy rules ...sometimes the rules give a preference to filing first and sometimes they do not...and I don't know about LA...but seemingly you would NOT want Uncles daughter in charge ..therefore at the very minimum , get in official line ahead of her, pronto.
 

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