A question regarding real estate and heirship?

Question

my grandfather owned a house, grandmother died, grandfather remarries and wills house to new wife. Now grandfathers dies and new wife is put into nursing home. House has been abndoned by new wife and city is threatening my mom with fines and court orders. What do I do? I have never seen will but have been told it exists. Karen in Brazoria, Texas

Answer 1

Your grandfather must have left at least part of the house to your mother.   Otherwise the house would go to the new wifes children, your mother would not be involved at all as she is not a legal heir to her step mother.

Your mother should have an attorney look over the will and title papers and guide her on the best course of action.

Answer 2

You will need to find that will, as well as discover who has title to the property at this moment.  If your step grandmother legally inherited this property and has taken title, then the city is correct in pursuing her, as the owner.

If your mother has personal representative power from Grandpa's will, she's the one who will get the notices.  However, the step grandparent who owns the house is financially liable.

Time for you guys to dig into this and perhaps arrange some sort of power of attorney for Step Grandma to help her out of this mess.  She can't handle it from the nursing home.

Answer 3

find the will and get a copy recorded with recorder of deeds along with copy of grandfather's death certificate

your mother isn't in chain of title and shouldn't be threatened by city or anyone else. . . . have you left out something?  she's not even related to owner of house

go to public guardian with all info, assuming the new wife is on Medicaid?

Answer 4

NOPE!  City can't do that.

If the house was willed to the wife, then it's legally hers and not your mothers.

If she has been declared incompetent, then it belongs to her "estate".   If our mother is the POA that still DOES NOT make her PERSONALLY liable...just the estate.

See an attorney who will be more than willing to send a letter to clear it up.

Answer 5

Is your mother in title to the property?  If yes, then she has the legally obligation of paying the debts and taking care of the property.

Answer 6

if yhe new wife is of sound mind  then get her to quit claim it in front of a notary and have it recorded back to the family and take back over and bring every thing up to snuff. A title company can do this for about $100