Ask an Estate Law Question, Get an Answer ASAP!
Thank you for choosing Just Answer.
You will first need to see how the property was deeded while your grandmother was alive. Many deeds had property titled in the name of husband and wife as joint tenants with a right of survivorship, or joint tenancy by the entireties. Both forms of ownership allow the surviving owner to become the sole owner of the property at death of a spouse.. The deed may have been solely in your grandfather's name. If so he is free to do whatever he wanted with the property. In these three cases you have no recourse your grandfather had a 100% ownership of the property at grandmother's death.
Assuming this was not the case and the property was held as joint tenants in common, you will probably need to go through probate to get the land transferred properly into your names. This will also probably require an action to "quiet title" to get the current deeds invalidated.
If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
If joint tenant in common is there a statute of limitations in Kentucky to go through probate?
Yes there is I believe it is 3 years.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).