What to do if my grandmother died 10 years ago and her estate was never put in probate and is still in her name?

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What to do if my grandmother died 10 years ago and her estate was never put in probate and is still in her name?

Since then both her sons have died. Who does this house belong to and how do we get it in someone’s name?

Asked on March 18, 2013 under Estate Planning, Tennessee

Answers:

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

Answered 8 years ago | Contributor

I would speak with an attorney in your area because regardless of the probate taxes should have been paid and that could be an issue. Was there a Will?  If there was a WIll then those named as the beneficiaries of the house would have been entitled so their estates would now be the owners (or their beneficiaries I should say).  If there was no Will then the intestacy statute would have applied and if her sons would have inherited again, their beneficiaries are now the owners.  You are going to need an executor or personal representative of your grandmother's estate to be able to transfer the deed )via executor's deed).  Good luck.


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