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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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my Grand parents are both deceased, and owned a house, My grandmother

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my Grand parents are both deceased, and owned a house, My grandmother had 3 children, my mother is the only one who is still living. My Grandmother left a document stating that she should take over the property. At the time of her death there was a son still living who had drinking problems and have seven children living in Boston, we live in Baltimore. We are in the process of transferring the property in her name, ???? do his children have any rights to the property!
-Could you explain your situation a little more?
What kind of "document" was left stating you would get the property?
Was there a valid will?
Customer: replied 3 years ago.
the document was giving her the power of attorney and to let her know that she take the property keep the property in the family. notorized has a notorized seal on it
Dear JACUSTOMER - Unfortunately a power of attorney is of no use after a person passes away as it automatically terminates. So if she had no will then the property will pass according to the laws of intestate succession to her children. This is a somewhat complicated process so I will try to explain as best as I can with the information you have provided. At the time of the death of the last of your grandparents the property would pass to their children or to the grandchildren of any deceased child. So if your mother and her brother were both alive and the third child was deceased then the property would have passed in thirds to your mother, her brother and to the children of the deceased child, if any. If there were no children of that child then your Mom and her brother would each have received half. In any event, you will not have the ability to transfer the property with the POA since it is not valid. What will have to happen is an estate will have to be opened for your grandparent who died last and the property will then pass to your Mom and to the estate of her brother and to any grandchildren of the third sibling. Then the children of the brother will inherit his one third or one half as the case may be. So your Mom will own either one third or one half after all is said an done depending on whether the third sibling had any children. So someone is going to have to open an estate for the grandparent in order to get things started. This will be in the probate court in the county where your grandparents resided at the time of their deaths.
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