Do I have rights

UPDATED: Sep 30, 2022

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Do I have rights

Grandmother passed grandaughter lived in
grandparents house all her life trust was signed but
not the deed to home Uncle trustee and try’s sell
home but can’t till files petition to confirm trust assets
is there anything I can do to stop from him selling the
only home I know

Asked on March 20, 2017 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I'm not certain of any potential the Trust issue here. However, it appears that the deed is not in the Trust. That being the case, then upon your grandmother's death the home should pass as provided for in her Wiil. If there is no Will, then your granmother died "intestate", which means that her estate is subject to state intestacy law. Typically, since your grandfather predeceased your grandmother, then her children would be her heirs...not her grandchildren.

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