(Warning: Typos Intact, Not Legal Advice)
If my uncle is my great grandmas only surviving child and he has her house but its still in her name how can he let me have it?
See he is the last child left and the house is in her name but he wants to give it to me so i can get it in my name what does he have to do, legally?
Answer:
Let’s clarify the situation to ensure full understanding. Your great-grandmother passed away and was survived by multiple children, including your uncle—who now wishes to transfer her house to you.
However, the primary issue is that your great-grandmother’s estate was never probated, and as a result, the title to the property remains in her name. Before anything can move forward legally, it must be determined who her rightful heirs are. While your uncle is one of them, it’s unlikely that he is the only heir, especially if your aunts and uncles had children of their own. If you have cousins who, like you, are direct descendants of your great-grandmother, then they likely also have a legal interest in the estate.
In order to move forward with probate, any other heirs would either need to formally relinquish their interests in the property (typically by signing over their share), or you would need to compensate them for their portion. At this point, the only interest your uncle can transfer to you is the portion that would belong to him or his direct descendants. He cannot transfer the shares that would belong to deceased siblings or their descendants.
My concern—something that can only be resolved through a thorough factual investigation—is that your uncle is not the sole heir, and other potential heirs could later challenge or interfere with the transfer of the property.
That said, one action you can take immediately is to have your uncle execute a quitclaim deed in your favor. This would transfer any interest he may have in the property to you, which could give you legal standing to begin probate proceedings on behalf of the estate.
I strongly recommend that you consult with an attorney experienced in probate and estate matters. This is not the time to rely on YouTube tutorials or internet guides. I’ve seen cases where individuals completed the probate process themselves, only to later discover they had to divide the estate among a dozen previously unknown heirs. That can be both frustrating and costly.