Can I inherit without a will?

[xoxojecka]

Jurisdiction

California

Hello, Several years ago my grandfather gave me his house. He was sick with cancer at the time but he told all his kids and my grandmother at a family gathering before he passed away what his wishes were. He passed away suddenly before he had a chance to create a will. My grandmother now has dementia and is incapable of making any decisions herself so their children have taken control of everything that was theirs. I am currently living in the home that my grandparents had gave to me but since it was never officially done on paper by them (the home is still only in my grandfathers name) their kids, as in my aunt and uncles, are making me pay rent to live there.

Does anyone have any advice on what options I have in this situation? I am currently on maternity leave with my 4th child and they are requesting that I begin paying as of October 1st or I need to move out.

Thank you

 

[Zigner]

I'm sorry about the passing of your grandfather. Unfortunately, without a will, the intestate succession laws will apply. In a nutshell, that means that you don't own the house. It is not improper, legally speaking, for you to be expected to pay rent.

 

[zddoodah]

There's a lot of missing information:

1. Was your grandfather's estate ever probated? If so, who was the personal representative?

2. What is the situation with respect to the father(s) of your children? Married? Living together? Child support?

3. Is your parent who is the child of your grandfather and grandmother still alive?

Several years ago my grandfather gave me his house. He was sick with cancer at the time but he told all his kids and my grandmother at a family gathering before he passed away what his wishes were.

I am currently living in the home that my grandparents had gave to me but since it was never officially done on paper by them (the home is still only in my grandfathers name) their kids, as in my aunt and uncles, are making me pay rent to live there.

OK...he did not give you anything. It sounds like he stated an intent to give you the home but never followed through.

When your grandfather died, his estate should have passed as follows: all of his community property and 1/3 of any separate property to his surviving spouse, with his children receiving the other 2/3 of any separate property. While the home might be only in your grandfather's name, it is likely community property, which, if correct, means title should have transferred to your grandmother. If it was separate property, then it should have transferred in the 1/3:2/3 ration I mentioned (and it's possible that it could have been mixed community/separate property).

Does anyone have any advice on what options I have in this situation? I am currently on maternity leave with my 4th child and they are requesting that I begin paying as of October 1st or I need to move out.

At this point, it appears you have no rights regarding the home other than as a tenant. If (as I suspect) you've lived there more than a year, then a change in the terms of tenancy will require a minimum of 60 days' written notice.

Absent additional facts, you'd best prepare yourself to pay rent - either in the current home or somewhere else.

 

[adjusterjack]

since it was never officially done on paper by them (the home is still only in my grandfathers name) their kids, as in my aunt and uncles, are making me pay rent to live there.

And right they are to charge you rent.

Your grandfather never GAVE you the house, he allowed you to live there.

 

[zddoodah]

Absent additional facts, you'd best prepare yourself to pay rent - either in the current home or somewhere else.

P.S. It's not clear from the facts you've posted whether your aunts and uncles have any legal rights regarding the home. Does one (or more) of them have a power of attorney or a court-ordered conservatorship?