QUESTION
What are my rights to a share that was given to me by one of my mother's heirs?
Asked on Jan 28th, 2014 on Estate Planning - Michigan
More details to this question:
I am living in my moms' house. She is deceased one of the 6 heirs has given me her share of the house and land but the executor is trying to put me out of the house. I have 2 other handicapped adults besides myself. I have lived here for almost 2 years. What is my legal stand point.
11 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The executor is charged with the duty of protecting the assets of the estate, and may be required to charge you rent, or sell the asset of the estate to convert the same for cash and distribute to the appropriate heirs.
Answered on Feb 04th, 2014 at 10:12 AM
Edwin K. Niles
If required to do so, the executor can certainly force a sale. His duty is to ALL beneficiaries.
Answered on Feb 04th, 2014 at 10:09 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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So your mother had 6 children and died. One has give you her share, so you now are entitled to a third. If you move out you won't be able to come back. But executor has the right to sell the house.
Answered on Jan 31st, 2014 at 9:51 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The executor can have you leave so the house can be sold. Even with your 1/3 share, you don't have the right to keep the other heirs from getting their portion of the inheritance. If you want to keep it, you will have to buy them out.
Answered on Jan 31st, 2014 at 9:48 AM
Your situation depends on the condition of the estate that the executor is trying to close. An executor's first obligation is to pay off all the debts owed by the estate. If there aren't enough liquid assets (cash, CDs, etc.), the other assets, including real estate, will need to be sold to come up with the money. So that may be why the executor is asking you to move out. If that's not the issue, it may be that the other heirs who own 2/3 interest in the property want to sell it and receive cash instead. If that's the case, you can offer to buy their interest and stay in the house.
Answered on Jan 31st, 2014 at 9:48 AM
3 Awards
Hard to say without seeing the document that made your mother a beneficiary as well as what document she executed to made you her beneficiary. You may have no rights or you may have rights. You should retain an attorney to review the pertinent paper and facts to advise you.
Answered on Jan 31st, 2014 at 9:47 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you are an heir you could receive a distribution of the house in-kind assuming there are enough other assets to distribute proportionate shares of the estate to the other heirs. If the estate assets are insufficient to make an in-kind distribution of the house then you could buy the house from the estate and use your share of the estate as a credit against the purchase price. Since you lived in the house before the decedent's death you would have a reasonable period of time to move out but would have to pay the estate rent that covers maintenance of the house, including taxes and insurance, but the house may have to be sold to make the appropriate distributions from the estate. If the house is not part of the estate but passed outside of the estate then as a co-owner you have the right to live in the house but would have to pay the other owners for the use of the house. Even so, one of the other owners could force a sale with a partition action.
Answered on Jan 31st, 2014 at 9:47 AM
2 Awards
If you want to stay you will have to buy the other 4 out. Otherwise they can force a sale of the property. Sorry.
Answered on Jan 31st, 2014 at 9:46 AM
If all heirs share equally under the Will or intestate, then all are able to use the house equally. it would seem you have the right to continue to live there as long as you do not interfere with the rights of the others to use the house. If the estate has not yet been probated, you might owe the estate rent.
Answered on Jan 31st, 2014 at 9:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to see the papers but being a 1/6 potential owner does not in and of itself grant a right of possession. At this point it appears the estate owns the house and all of the rights to it.
Answered on Jan 31st, 2014 at 9:45 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is impossible to say on the limited facts provided. You may have no rights, compared to the personal representative. The only one who has a legal right to do anything with the estate is the PR. There may be options, but there is no way to tell without more information. Your best bet is to visit with a probate attorney, as soon as possible.
Answered on Jan 31st, 2014 at 9:45 AM