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monroe381 · Oct 24, 2012, 09:59 AM

My grandmother passed away in 2006 leaving no will to her house she always told me I would be the executor of her estate so when we found no will the house has sat empty and no one has paid the taxes. I want to pay the taxes and keep it from being demolated how would I get the deed to the house in my name?

ebaines · Oct 24, 2012, 10:12 AM

First step is that someione needs to be appointed executor of your grandmother's estate by the probate court. So if you believe that should be you, call the probate court and ask how to get started. In general you will need to show that you are the most logical person to be executor, either because you are most capable or because anyone with a closer relationship (her children, for example) are willing to pass the responsibility to you. This will allow you to (a) pay off the estate's bills using your grandmother's assets - including the outstanding taxes - and (b) disperse remaining assets to the heirs. Since she died intestate (no will) the spllit of her estate will be dictated by the laws of the state she lived in, but in general you can expect that most of the estate will go to her children (if still living - I assume she was not married when she died). Whether you as a grandchild could actually become owner of the house depends on what relatives of hers were alive in 2006 (husband, siblings, children, grand children), and the size of her estate. If you post back with information on what state this is in, and what relatives were alive when she passed, we could give you an idea of what to expect.

monroe381 · Oct 24, 2012, 11:01 AM

Thank you so very much for the response we live in Ohio my grandfather passed away leaving a will to the house to my grandmother the next person would be my father and uncle my uncle passed so now the only heirs of the house is 1. my father 2. my deceased uncle 3. myself.however I do have two cousins whom were not listed on his will is his will still in effect? We live in Ohio.

ebaines · Oct 24, 2012, 11:23 AM

Questions: (1) was your uncle alive when your mother passed? (2) Are the cousins you mention his children?

Your father is the most obvious person to be the executor and take care of closing out the estate. Any idea why he has failed to do so? For you to be named executor you would need the agreement of him and your two cousins.

In Ohio the law states when a person dies intestate with no surviving spouse their assets are distributed as follows: "If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes" (reference is here: http://codes.ohio.gov/orc/2105 )

So - your grandmother's estate should be split with 1/2 to your father and either:
a) 1/2 to your uncle's estate (if he was living at the time, in which case the distribution of his half is according to his will) or
b) 1/4 each to his two children - your cousins - if your uncle pre-deceased your grandmother.

AK lawyer · Oct 24, 2012, 06:55 PM

Ebaines has laid it out quite well, but the bottom line is that the grandparents' estates (and possible the uncle's estate) have to be probated; and the house distributed to the heirs as described. One, even if the proper heir, doesn't simply automatically "get the deed" in his or her name. In this case OP is not an heir, so when all that is done OP's father (and the executor of the uncle's probate estate or the cousins if the uncle predeceased the grandmother) could execute a deed to OP.

monroe381 · Oct 25, 2012, 07:03 AM

Thank both of you for your answers. Yes my uncle was alive when she passed he passed 6mths later he did not have a will and neither did my grandmother. The reason my dad has not done anything is because he had an accident and I am his power of attorney. My cousins don't want the house and as of right now the house is getting vandalized and is on the county's tear down list.

ebaines · Oct 25, 2012, 07:10 AM

Originally Posted by monroe381

thank both of you for your answers. Yes my uncle was alive when she passed he passed 6mths later he did not have a will and neither did my grandmother. the reason my dad has not done anything is because he had an accident and I am his power of attorney. My cousins dont want the house and as of right now the house is getting vandalized and is on the county's tear down list.

In post #3 you asked "I do have two cousins whom were not listed on his will is his will still in effect?" - which sounds like you thought he did have a will. But OK - if he died intestate, his portion of the grandmother's estate would pass according to state law. Did your unlce have a living spouse? If not, then his assets go to his children. I suggest that the deed needs to be reissued with your father and two cousins listed as co-owners (joint tenants in common), and then they should put the property up for sale.

AK lawyer · Oct 25, 2012, 07:04 PM

Originally Posted by ebaines

... I suggest that the deed needs to be reissued with your father and two cousins listed as co-owners (joint tenants in common), and then they should put the property up for sale. ...

Actually, that begs the original question: how to "re-issue the deed". I believe the answer would be for OP to file in probate court to be appointed personal representative. And rather than create a tenancy in common it's generally a better idea for the probate estate to sell the property and divide the proceeds with the heirs. Creating a tenancy in common is often a bad idea; usually it's setting the stage for a partition lawsuit down the road.