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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40998
Experience:  Texas Attorney for 30 years dealing in real estate
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I am asking mother. My grandparents bought a house,

Customer Question

I am asking for my mother. My grandparents bought a house, paid in full, in the late 60's and it is still titled in their names. My grandmother remarried after my grandfather died in 1976. The house was left in my grandparent's name since she did not want her new husband to have the home on her death. My grandmother passed away about 15 years ago and my Mom and Aunt honored my grandmother's request which allowed her second husband to live in the home until his death rent free and did not sell the home. My grandmother's second husband just passed away and his daughters now feel they have an inheritance in the property although his name is ***** ***** the title. The house is in Tennessee which from my understanding is not a common law property state. My Aunt has also passed away and my Mom is the only living heir to my grandmothers estate. Does my grandmothers second husband's children have a claim in my grandparent's estate?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here if nobody had a will the laws of intestacy are applied.If the step father was not added to the deed and there was no refinancing of the house then it was her separate property and should pass under the laws of intestacy to your mother's children.The step children under that scenario have no interest it appears.
You would make application for probate for your grandmother, the court appoints a personal representative. The court at that time names the legal heirs here and their shares.Once the legal fees, creditor claims, taxes are paid for grandmother the net proceeds here goes tot he children again it appears based on your facts.
Just understand this could change if for instance he was dded to the deed or they refinanced making it them marital rather than separate property.All I can tell you is that it appears the children get it and step children have no interests.The court here has final say.It is in your interest to find a local probate lawyer, make application here for grandmother and that way you are in charge and it is you protecting the hen house.
NC laws of intestacy..
You also get paid a fee here in NC to serve as personal representative.The sooner you do this the better.
Under North Carolina law, an administrator/personal representative may receive up to five percent of the value of the estate’s “receipts and disbursements" as compensation. This means the court calculates five percent from the value of the estate that remains after the executor has paid the decedent’s debts and after all outstanding revenue is received, such as from investments that produce interest.
However, North Carolina’s code does not guarantee a payment of five percent. A court clerk may allow up to this much, but only if she feels the difficulty of settling the estate warrants it. When someone dies without leaving a will and the court appoints an administrator, this same procedure applies.
Lawyer referral her with ratings.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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