Will invalid or not ?
This is complicated . I will try my best to explain it. My grandfather passed away 1990 , he had a will saying if anything happened to him my grandmother would get home/property . It also states if my grandmother would die it would go to their daughter ( my mother who was the only child) and if something happen to her it will go to their son n law ( my father )
Before My grandmother passed away she went and put the home in my mom’s name . My mother passed away without a will but the property title had her name on it . Now my father passed away and I was wondering if my grandfather will has any validation to it since he was name was mention In my grandfather will , or my grandfather will is now invalid since the property was in my mom name only when she passed away .
You just take it and sell it as soon as you can.
- ?Lv 52 months ago
The Will is ALWAYS valid. However, discuss this with a lawyer to make sure.
- MaxiLv 72 months ago
No idea where in the world you are, so no idea what the laws are nor can anyone read the Will/know the property laws....so go and pay and speak with probate legal advisor
You should probably talk to a lawyer. But wills generally bequeath assets upon death and then its up to the beneficiary to craft their own will to then bequeath those assets on to whomever they so choose. It's not standard for a single will to try to control assets for three generations forward. Most of what you describe would have happened without a will as your grandfather's default next of kin was his wife (your grandmother) and her default next of kin would have been her only living child (your mother). The house was probably put into your mother's name prior to her mother's death to avoid inheritance taxes. Sounds like your mother owned the house at the time of her death and that now it would pass on to whomever is her default next of kin. In order these would be spouse, then children. So if you're an only child the house will pass to you (after going though probate since Mom died intestate). If you have siblings you'll probably all inherit it then have to decide what to do with it. But go see an attorney.
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- ihavqs2Lv 52 months ago
ky kitty: Go see an estate attorney asap. It will probably be worth it.Source(s): life
- linkus86Lv 72 months ago
This is not complicated, you just are misunderstanding your grandfather's will. Your grandfather was only stipulating the possibility of his heirs no long living at the time of his death, not determining who got what after the heir who inherrited his estate (grandma) died. People do this so they don't have to change their will every time an heir dies.
Once the property is titled into someone else's name (from the estate or another person) it is completely up to them to determine who receives the asset, or by law when someone dies intestate (without a will), typically to the children of the decedent (you).
- curtisports2Lv 72 months ago
Wills become invalid when the will is probated and the estate settled. When your grandfather passed in 1990, his estate was settled and his stated wishes were followed and that was that.
The house passed to his wife, your grandmother. It then became hers to do whatever she wants with it. It seems she legally transferred it to your mother before her death. She probably set up a life estate for herself, meaning the house was your mother's but your grandmother could live in it until she died.
If your mother died without a will, then the laws of the state she lived in dictate what happens with the house and her other assets. I have no idea if your father acquired title to the house through intestacy law (without a will). If he did, then the house is his, and now, whatever his will says is what dictates. If HE left no will, then state intestacy law will again dictate what happens to the house.
As for your grandfather, nothing he put in his will matters. But I think you are confused about what he wrote. What he did was create successor beneficiaries in case the primary beneficiary (your grandmother) died BEFORE he did. This was so that he wouldn't have to keep changing his will. If your grandmother died first, then the house would go to your mother. If your mother died while your grandfather was still alive, then the house would go to your father. Successor beneficiaries. Because your grandfather died first, the house went to the primary beneficiary, his wife.
But all this sounds moot anyway. Let's say what your grandfather put in his will was still valid 30 years after he died. The house would have gone to your father, which is where it sounds like it ended up - assuming he got it when your mother died. If he did not, then for some reason, the state intestacy law following the death of your mother gave it to someone else.
- champerLv 72 months ago
Okay, one thing at a time. I take it your grandmother was still alive when your grandfather died. Therefore the property etc.. went to her under his Will. That's an end to it as far as his Will goes. Done and dusted.
Your grandmother put the property into your mom's name. Mom passed away without a Will, so her estate is dealt with under the intestacy laws wherever you are.
Grandfather's Will has nothing to do with it.
- xyzzyLv 72 months ago
Once the house passed to your Mother your Grandfathers will has been executed. Once the house was in your Mothers name what happens to the house is determined by her will or if intestate t
he laws of your state.
- SlickterpLv 72 months ago
Your grandfather's will ONLY applies to when he dies. So...when he dies, the property went to your grandmother. The rest of it ONLY would have applied if your grandmother was dead BEFORE your grandfather died. She is then free to do anything she wants with it. So she put in in your mom's name, which now makes it your mom's property. Therefore, when grandma dies, there is no home in her name to will to anyone. Your grandfather's will no longer has any bearing on how the home is dealt with., It is part of your mother's estate, which must go through probate. Your grandfather's will is entirely valid, it just no longer applies to the home in any way.