My mother passed away, she didn't leave a will and we are 10 siblings who is entitled to her home?

Question

Bernard H. Greenberg · Answer

Without a Will, each sibling will be entitled to a share, usually an equal one. In most cases, this means that the home will be sold and the proceeds divided. To have anything occur, your Mom's estate will need to be opened so the probate process can occur.  For additional information, consider consulting with an attorney specializing in estate administration.

Mark T. Peters · Answer

The person who buys it from the estate.  You need to take all of her assets, sell them, pay her bills then split what is left 10 ways.

Charles Perry · Answer

The ten siblings all inherit equally under the laws of intestacy.  The   only question is whether your mother was married and she had any   community property with her husband.

Georges Shers · Answer

Sorry for your loss. If your father is also dead, then each child will get an equal interest in the whole house; it will be like ten separate buyers purchasing the same house. To change title, you will need to go through probate. The Nolo Press books on Probate will give you an understandable explanation.

Norman Green · Answer

If your mother had ten children, all of whom survived her, each will get a 10% interest. Any of you can petition for probate.

Kathleen Delacy · Answer

If no spouse all children share equally.

James Maguire · Answer

Her children. If you father is still living, he would be entitled to usufruct (use of the house).

Douglas Tull · Answer

Most likely each child has an interest as next of kin.  If that is the only asset, however, it may havE to be sold to pay for funeral, burial and probate administrative expenses, with the balance paid out to the children in equal shares.

David Leon · Answer

Assuming she wasn't married, and assuming she owned the house 100%, then the children would share in the house. You're going to need a lawyer.

Frances Headley · Answer

If she had no spouse, then her estate will be divided in equal shares among her children.

Brian Haggerty · Answer

If she was unmarried, then all 10 children own the home. Open the administration of your mother's estate, have the estate sell the home, and distribute cash.

Kenneth Gold · Answer

Is anyone else's name on the home? If not and she isn't married then all of the children share her estate and it will have to go through probate.

Christine James · Answer

You need to hire an attorney and probate the estate to transfer the house.

Rick Lee Denker · Answer

Under Oklahoma law, if you mother did not leave a will, and if she was not married at the time of her death, her estate will have to be probated and the house will be awarded equally between her children.  It may be necessary to sell the house so each child can receive a cash distribution for their share of the estate.

Don Rosenberg · Answer

Since your mother died intestate (without a will) all 10 of you are to share equally in her estate.  One of you will be appointed personal representative to handle the estate. You will need an attorney to navigate the probate process. Fees of $150 to file, $80 ish to publish for creditors and an inventory based upon the value of the estate. Then there are attorney fees which will be abut $2,000.00.

James Frederick · Answer

It depends on the title to the home. If it is held in joint tenancy with someone else, THAT person would be the owner. If it is in your mother's name alone, then all 10 of you are the owners, but probate would be required.

Jayne Sebby · Answer

If there is no surviving spouse, the remaining estate would be divided equally between all of her children. With that many heirs, the house would probably be sold and the money distributed to each of you.

Carl Silver · Answer

It does not matter if she left mo will. If she left no spouse the 10 of you will inherit the property. You will need to start a probate estate to get title to the house.

Aubrey Tobin · Answer

Under Michigan law all 10 siblings would be entitled to the home or the net proceeds from the sale of the home.

Brooke Ashton · Answer

In order to determine who gets property when a person passes away without a will, you must consult the intestacy statute in your state. Generally, if a person is married the spouse if the first to inherit. If there is no spouse, then the children inherit. If there are 10 children, I would assume that you each get 1/10 of the house. In this sort of situation, the home is generally sold and if a child wants the home, then they would have to buy it from the other siblings.

Randy Lish · Answer

In Utah, the home would belong to all of the siblings together. You will have to probate the estate in order to change the title from her name to the siblings. Most of the time, the family will sell the house and then divide the proceeds in equal shares.

Victor Waid · Answer

The house will need to be sold in probate court and the ten siblings will be entitled to an equal share of the proceeds, after probate costs have been satisfied.

Darin Christensen · Answer

You each receive a 10% interest in the home, subject to payment of any outstanding debts and probate expenses. The ten of you need to sort out what to do with it.  Unless you can agree on a price at which it will be sold to one of you, it would be easiest to sell it as part of the probate and divide the proceeds among you.

Jeffrey W. Wilkinson · Answer

Assuming that your mother was not married and that all ten of you are her legal children. The State of Utah has laws governing the distribution of a decedent's estate who has died without a will. Without further information

Edwin K. Niles · Answer

If she had no surviving husband, the property would in all likelihood go to the children equally.  If the property is in her name alone, probate will probably be necessary. It is suggested that you have a (free) conference with an experienced probate attorney.

David McAndrew · Answer

Sorry about your loss, you are lucky to have such a large family to fall back on.  First, whose name is on the deed?  If it was just your mother?s upon her passing, it becomes a probate asset.  If there is someone else, still alive with their name on the deed, and the deed says joint tenant with rights of survivorship, then the home belongs to them.  If not, then the will controls.  The will will state how the remaining assets are divided.  If she left the home in the will to you, then its all yours.  She probably divided her remaining assets equally among her children, then, in that case, go grab the best bedroom, because the home will be divided, probably upon sale, among all of you.  Since she died without a will, (intestate), and if your father is passed away, then it will be divided, after expenses, between the ten of you.

Maura Curran · Answer

The surviving spouse would be first, any minor children if the home is homestead, then all remaining adult children. You will need to probate the property in order to transfer or sell it.

Ben Liu · Answer

You will share the home and other assets in the estate in equal shares. You will need to probate the estate.

Jeffrey Gottlieb · Answer

If the home is in your mother's name alone, then it is an asset of her estate. Her estate would pass equally among her children so you would all have an equal interest. Probably the course of action would be to sell it and split the proceeds. Talk to a probate attorney.

Dara J. Goldsmith · Answer

Assuming she is not married, and none of the children are under the age of 18, in Nevada all 10 would share the home after creditors are paid. If the home needs to be sold to pay creditors than that will need to be done and the net estate will be distributed among the 10 children.

Shadi Ala'i AlaiShaffer · Answer

Under Probate, your each entitled to a equal percentage. 10 siblings = 10% each. Her home most likely will go through a probate administration.

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My mother passed away, she didn't leave a will and we are 10 siblings who is entitled to her home?

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