I am trying to get half the sale of a house that my father was owed after his mother passed away.

UPDATED: Oct 1, 2022

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I am trying to get half the sale of a house that my father was owed after his mother passed away.

My father lived with his mother; they had lived together for almost 20 years at this residence. My father broke his leg and had to stay at my home for a short duration. During this duration my uncle father’s half brother moved him mother out of that house and into his house to care for her. My uncle decided he would rent my grandmother’s house out and brought all of my father’s belongings to my house and basically starnded him with me and he no longer had a home. A home he had paid for for over 20 years. My grandmother has a Will that states my father gets half the sell of her house after her passing. My uncle was in possession of the will and all details regarding it. My father passed in last year. My grandmother passed shortly thereafter. Now my uncle is using the fact that she passed first as a reason to not sell the house and pass me on my father’s inheritance. I was bound to work form home to care for my father in hospice until he passed for almost 2 years because they rented out his home and left him with me. I am considering what he owes missed wages and economic hardship and want to get what my father was owed. The entire time he was with me everyone, including my uncle stated we would be taken care of after she passed and now he is ignoring my email, texts and calls. Is there anything I can do?

Asked on March 1, 2018 under Estate Planning, New Mexico


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation that you have been through.  I think it may be best for you to get legal help, at least on a consultation basis for now, and to have some one write a letter to your Uncle on your behalf thereafter.  So I think younsaid your Dad passed first but then said your Grandmother passed first.  The Will governs what happend to the property  If Grandma passed first then Dad's half went to him under both the Will (as you say) and the law if there were no Will (intestacy).  The Will and case law govern what happens in the other case.  If the Will says "per stirpes" in the paragraph about the house that means that Dad's portion passes to his children (you). "Per capita" means it passes to your Uncle if Dad did not survive Grandma.   Please take the Will and seek help.  Good luck.

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