If my grandma gifted 2 homes to my uncle but he died years ago, now that she just died who gets the homes?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my grandma gifted 2 homes to my uncle but he died years ago, now that she just died who gets the homes?

My grandmother gifted 2 of her homes to my uncle some years ago. He passed just a few years ago after being gifted. I believe the home went back to grandma after his death? My grandmother just died last week. My uncle has adult biological children and a wife she may be common law wife, not sure. Grandma did not leave a will, and we’re now wondering who would legally get these 2 homes she gifted to my uncle? Would his children and or wife get them since it was initially gifted to him prior to his death? The reason I say the homes went back to my grandma is because my sister pulled the records at the courthouse the other day and she said this is what the records stated, that the properties were gifted back to my grandma some time after my uncle’s death. Not sure how that worked. Can you let us know how this works?

Asked on February 11, 2018 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to get a copy of the documents that your sister looked at and take them to a probate attorney to review.  If your grandmother only gave your uncle a 'life estate', then he would only have use of the property during his lifetime, and then the house would either revert back to your grandmother or her estate, or whoever else she designated.  Once the probate attorney looks at the documents, the probate attorney can tell you which estate the property actually belongs to.  If it belongs to your grandmothers estate then you would be a potential heir to that estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption