Re: No will; no one named for ownership of house; 5 siblings
Posted by Paula on 8/01/08

Thank you, again, Ms. Carol for your responses!!


On 8/01/08, Carol wrote:
> I understand your being upset. Death in a family is always a very
> emotional thing no matter what the family dynamics. I didn't mean
> to sound like a reprimand. But in answer to your question, I
> don't believe that there are any LAWS that would allow your sister
> and niece to live there or take the house. I don't practice in
> your state, but the states that I have practiced in all followed
> the old descent and distribution: parents to children. That
> means all children, equally if there's no will. That would make
> you and your siblings something called "tenants in common." That
> means that you all have a 1/5 interest in the property. If one of
> the heirs wants to live in the house, they could buy out the rest
> of your shares. UNLESS your mother executed a survivorship deed,
> in which case the house would automatically go to the other person
> on the deed. If your sister took care of your mother while she
> was living there, she may file something with the court asking to
> be reimbursed from the estate for that. See how complicated this
> can get? This is another great example of why we should all have
> wills, you never know when your time is up. My condolences on the
> loss of your mother, and good luck.
>
> On 8/01/08, Paula wrote:
>> Hello Ms. Carol,
>>
>> Thank you for your response and suggestion. And, you are
>> correct; it is a "good thing" that she has been clean for 4
>> years!! In that respect, I am very proud of her!!
>>
>> Last evening, I was upset at the way my sister is behaving over
>> this house issue. I love my siblings but I don't have to like
>> their attitudes and their ways, which by the way, they don't
>> have to like my ways, either. I was upset because I am
>> concerned about my daughter and our neice, who were living with
>> our Mother before she died.
>>
>> Because my daughter and neice were living there when my Mom
>> died and are still living there, do they have any rights or are
>> they protected under any law concerning residing there?
>>
>> Thank you!!
>>
>>
>>
>> On 8/01/08, Carol wrote:
>>> On 7/31/08, Paula V. Cooper wrote:
>>>> My Mother died in April, and my neice and daughter were
>>>> living with her before she passed. I am dealing with my
>>>> sisters and brothers not wanting any responsibilities of
>>>> the house unless it sells. I am the eldest of my
>>>> siblings. My youngest sister is threatening to move into
>>>> the house because it is 1/5 hers or moving in her daughter-
>>>> in-law.
>>>>
>>>> I don't know what steps to take to block my sister from
>>>> moving in and or putting my daughter out who, by the way,
>>>> is paying her half of the bills (along with my neice's
>>>> half).
>>>>
>>>> Because no one is answering my e-mails and telephone
>>>> calls, I cannot get in contact them to inform them that I
>>>> think I should be executive of the estate. My youngest
>>>> sister has told my other siblings that she is willing to
>>>> be the executive of the estate, which I believe is a bad
>>>> deal because she has only been clean from "crack" for four
>>>> years.
>>>>
>>>> I would appreciate any assistance or suggestions.
>>> First off, I would say your sister should be commended for
>>> being clean for four years! Crack is highly addictive and to
>>> be off of it for that long shows a real commitment. If there
>>> is no will, most states will allow any suitable person to
>>> administer the estate (they're only executors under a will).
>>> If there's nothing in the estate but the house (no bank
>>> account, money, other property, huge bills etc.) you might b e
>>> able to do this yourself: go the probate court and ask for
>>> the forms that you need to fill out to be appointed. the rest
>>> of the family will be notified of your application, and if
>>> they object a hearing will be held, then someone appointed.
>>> If anyone is objecting or gets an attorney you need one too.
>>> HOWEVER, probate can get sticky and you have to do everything
>>> exactly right. the court personnel are not allowed to give
>>> legal advice, so you really should consult a probate attorney.

Posts on this thread, including this one

• PA: No will; no one named for ownership of house; 5 siblings , 7/31/08, by Paula V. Cooper.
• Re: No will; no one named for ownership of house; 5 siblings, 8/01/08, by Carol.
• Re: No will; no one named for ownership of house; 5 siblings, 8/01/08, by Paula.
• Re: No will; no one named for ownership of house; 5 siblings, 8/01/08, by Susie Q.
• Re: No will; no one named for ownership of house; 5 siblings, 8/01/08, by Carol.
• Re: No will; no one named for ownership of house; 5 siblings, 8/01/08, by Paula.