Does my uncle have a legal claim to the property?

Q: How long can a deceased person's name stay on a house deed?

A deceased person's name can remain on a house deed until the property is transferred to the heirs or sold. However, for legal clarity and to avoid complications, it is advisable to update the deed as soon as possible after the owner's death. This ensures that the new owners' names are properly recorded.

Q: Do grandchildren have a right to their grandmother's property?

Grandchildren do not automatically have a right to their grandmother's property unless it is specified in her will or if the property is part of the estate upon her death. If the property was transferred to another party before her passing, it would not be available for inheritance by the grandchildren.

Q: What to do when you can't see your grandchildren?

If you cannot see your grandchildren, consider discussing the situation with their parents to understand the reasons. If access is being denied unjustly, you may seek legal advice regarding visitation rights or mediation options. It's essential to approach the situation with care and focus on the best interests of the children.

Full question:

Many years ago my grandmother deeded her house/property to my uncle and my mother (my mother then deeded me her part). Then Grandmother had a will made bequeathing to me all property and real, leaving my uncle $1. Does my uncle have a legal claim to the property?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Oklahoma

Answer:

When a deed is executed and recorded, ownership of the property transfers from the grantor to the grantees. If your grandmother deeded the house to your uncle and mother, they became co-owners. This means they share ownership rights, either as joint tenants or tenants in common.

A will can only bequeath property that the testator owns at the time of their death. Since your grandmother deeded her property to your uncle and mother, she no longer owned it when she made her will. Therefore, she could not bequeath the property to you in her will. Your uncle retains his ownership interest in the property, and the will does not affect that ownership.

In summary, your uncle likely has a legal claim to the property based on the deed, as it was no longer part of your grandmother's estate at the time of her death.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you inherit your grandparents' house?

Inheriting your grandparents' house depends on how the property was transferred before their passing. If your grandparents deeded the house to someone else, like a parent or sibling, it may no longer be part of their estate. A will can only distribute property that the testator owns at the time of death. Therefore, if the house was not owned by your grandparents at that time, you would not inherit it.

Can grandchildren inherit from their grandmother?

Yes, grandchildren can inherit from their grandmother if the grandmother's will specifies them as beneficiaries. However, if the property was previously deeded to someone else, like a parent, it may not be part of the grandmother's estate. In such cases, the grandchildren would not inherit that property unless explicitly stated in the will.

What states have no grandparent rights?

Grandparent visitation rights vary by state, and some states do not grant specific rights to grandparents. In states like Florida and Texas, for example, grandparents may have limited rights unless certain conditions are met, such as a parent being unfit. It's important to check your state's laws for specific provisions regarding grandparent rights.