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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How do I fix up my grandparents usinthe equity but there is

Customer Question

How do I fix up my grandparents usinthe equity but there is no will?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, this is something many heirs wish they can do, but legally it is not something you can do, because in order to get clear title to the property only a probate court can do that by court order. Thus, the only way you can use the equity in the house is you have to probate the estate and you have to put it in your name so then you can use the equity and get a line of credit.
Probate is mandated by law, even when there is a will. The only way to avoid probate is if you were put on the deed by your grandparents as Joint Tenant with Right of Survivorship or if the house was in trust with you as beneficiary. Other than that, I am sorry to say the law mandates probate.

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