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Browne Asked July 2018

My deceased grandmother owned her home and left no will. Are both kids entitled to 50% of the house?

My mother moved in with grandmother when my grandmother was diagnosed and died with terminal cancer in 2012. After her death my mom has continued to live in the house. He lives in Arizona and had no contact with her for years before she died. Recently we found out my uncle has been attemping to buy the house from the city but it's not for sale or behind on any taxes. My grandmother didn't have a will so wouldn't they both be entitled to the property? They each have paid the property taxes. My mom doesn't want to move or sell the property. What can we do?

BarbaraR2018 Jul 2018
My daughter is an attorney, and deals with estate planning. I discussed your situation with her. She said that even though their is not a will both children are entitle to the property. Your mom should raise an estate. Mean while, legally your uncle cannot sell it without getting her permission.
I hope this brings you a little peace of mind.

JoAnn29 Jul 2018
Mom should have gone to probate. No will the State decides how the estate is split up. The hose would go to both children. Its either sold and proceeds split or Mom buys brother out.

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