Legal question: Who gets the house?

[RS3]

I’m trying to help a young man out.

Scenario: Grandmother had five children. Grandmother and one daughter are co-owners of the house where grandmother, daughter and daughters only son live. Grandmother dies in December, daughter that co-owns the house dies in February. Neither of the deceased had a will.

Would the grandson get his moms half while grandmas half would be divided 4 ways amongst her remaining surviving children?

[Walker]

Yes, if the daughter legally owned 1/2.of the house.

[traffic]

Probably get mom's half if as stated it was truly hers and then his mom's part of her mother's estate. Then we would be the majority owner of the house. I believe that's how I have heard it work out.

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[Snowflake Killa]

That's a mess

[cjkozik]

Confused as hell, Sounds like some trailer park ****

[6.5 shooter]

Sounds like a lawyer will make a lot of money getting this straightened out with the county.

[RS3]

That's a mess

Yep. And it gets worse with the dynamics between all of the survivors.

[Snowflake Killa]

Only winner in this is the lawyer

[EastTexasTiger]

I dont practice in trusts or estates, but i'd be happy to point you in the right direction, shoot me a PM

[JayB]

If they both were on Deed then it is halved. Survivng son gets half then the other surviving siblings split other half.....most likely....after the liens are all paid and estate settled. I've seen people get as little as a few bucks when all said and done.

oh look...what is that?

[Johnny Dangerr]

Trying to buy the property behind me. Same loonie nonsense.

May have to pay for their lawyer to sort it all out.........

[Burnadell]

What state is this in?

Each state has its own laws of descent and distribution.

[Geronimo2091]

What JayB said. Look into descent and distribution laws in the state of Texas. Depending on the scenario, If the “son” has no siblings he would receive the 1/2 interest owned by his mother and an additional 1/5th interest that his mother would inherit when her mother passed away.


What Burnadell said

[HighCountry]

If the deed for the property was in (Joint Tenancy) then the daughter would be sole owner at the death of her mother. Then at the death of the daughter the property would go to her heirs as specified by law. The other siblings would not receive any part of the property if she has children.

If the deed was (Tenancy in Common) then the heirs of the mother would inherit her half of the property at her death. Which would include the daughter. In essence the daughter that co-owned the property would end up with her 50% and then 10% of the mothers part along with the other 4 siblings receiving 10% each.

Then at the daughters death her heirs would end up with her 60%.

Clear as mud huh?

That is Illinois law though. In other words ask a lawyer that specializes in estates and property in Texas as each state is different.

[Burnadell]

I’m trying to help a young man out.

Scenario: Grandmother had five children. Grandmother and one daughter are co-owners of the house where grandmother, daughter and daughters only son live. Grandmother dies in December, daughter that co-owns the house dies in February. Neither of the deceased had a will.

Would the grandson get his moms half while grandmas half would be divided 4 ways amongst her remaining surviving children?

As I understand the Texas laws, this scenario is correct.


Edit: I stand corrected. I did my math wrong. HighCountry's scenario is most likely correct. The grandma's 50% would be split 5 ways, not 4 ways, so the daughter's estate would be dividing 60% of the total. This must be proven up in the probate court, attorney(s) are going to be needed.


GET YOUR WILLS DONE, FOLKS!!!