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My grandfather passed and left me a property in North

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My grandfather passed and...

My grandfather passed and left me a property in North Carolina as a gift. There was no will and could not find the deed. There is no one to dispute this claim. What do I need to first to get this property in my name?

Lawyer's Assistant: Has anything been filed or reported?

No and He passed in Nov 2009 and the property is still in his name

Submitted: 5 months ago.Category: Estate Law
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Answered in 4 minutes by:
11/19/2017
Estate Lawyer: Barrister, Attorney replied 5 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,073
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If there was no will and nothing in writing how did grandfather leave you the property as a gift?

.

Are you in possession of the land since 2009?

.

Who is paying taxes on it and maintaining it?

.

How many children did grandfather have?

.

How many are still living and if not, did they have children of their own?

.

This may be kind of complicated because with no will everyone has to sign off agreeing to let you have the land..

.

.

thanks

Barrister

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Customer reply replied 5 months ago
My grandfather has just 2 sons, my father and my uncle whom both told me so. When my grandfather died my uncle who was taking care of everything couldn't find the will or Deed to this property in North Carolina. It had been said for some time before he passed he was leaving the house to me and 1 acre to my father/his son. There is no one to dispute this claim. My father has been paying the taxes as he has been living with me since my grandfather passed. So instead of paying me rent he pays the taxes on the property. There will be no problem on the signatures to sign off.
Customer reply replied 5 months ago
He has given me, ( my uncle) the death certifacate
Customer reply replied 5 months ago
No I do not live on the property someone who rented it out from my grandfather still rents it now although I am driving down there thanksgiving weekend because he has not responded to me in some time or paid rent in a while
Estate Lawyer: Barrister, Attorney replied 5 months ago

Ok, as long as everyone is on the same page, then someone will have to file a probate case to settle grandfather's estate because it is the estate that now owns the land and only the Administrator of the estate can sign a deed over to you. If you filed, then you would basically get father and uncle to sign waivers of their interest in the land and gift it to you. You can't receive it directly from the estate because grandfather had no will so it would have to go from grandfather's estate to the heirs at law (father and uncle) then they quitclaim deed it over from them to you to complete the transfer..

.

If grandfather lived in NC, that is where a probate case would be filed. If he lived in another state, you have to first file a probate case in his state of residence and then another "ancillary" probate case in NC because each state controls any real estate located within its borders and there has to be a separate probate case in every state where he owned assets..

.

.

thanks

Barrister

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Customer reply replied 5 months ago
Nothing is owned on the property but he had assessts in MD, NC, and SC so all three of those states I have to file?
Estate Lawyer: Barrister, Attorney replied 5 months ago

If he owned real estate...as in land... then yes, you have to file a primary probate in the state where he lived, and then an ancillary probate, which is basically just an abbreviated version of probate, in each other state where he owned land..

.

It gets complicated when someone passes and owns land in a lot of different states..

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Estate Lawyer: Barrister, Attorney replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
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Category: Estate Law
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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