QUESTION

What is our right to this property or do we have any rights as long as they are surviving?

Asked on Jan 01st, 2013 on Estate Planning - California
More details to this question:
My mother just recently passed, her mother has been deceased for 24 years and she has lived in the home since, she has paid all expenses as to pay for utility and telephone that was left when her mother passed. She kept the house up, redone the roof, paid the taxes for the 24 years. No other siblings offered to do any of this. Now she has two brothers deceased, one have two living children the other has none, two sisters deceased, one have five living children and the other has three living children. She has one living brother and one living sister. My sister who lived in with my mother to care for her during her illness has asked the two living if she could stay living in the home. The brother says yes no problem. The sister had stated yes, then called back and stated that we need to have a family meeting to see what all the other would want to do. Do the others have rights, right now?
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12 ANSWERS

Business Law Attorney serving Livonia, MI at Gerald A. Bagazinski
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Unless the property was in your mother's name or she claimed she owned the property by adverse possession, the answer is yes.
Answered on Jan 13th, 2013 at 7:17 PM

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Probate Attorney serving Las Vegas, NV
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The property should be administer through your deceased grandmother's estate. It should be sold in the estate to avoid future problems. Just because your mother lived there and maintained the residence does not give her a greater interest. Her maintenance is akin to paying rent.
Answered on Jan 09th, 2013 at 9:35 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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The heirs at law have the legal rights but can certainly take the entire family's feelings into account.
Answered on Jan 09th, 2013 at 9:15 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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There is really no way to answer your questions without more information. You have a huge potential mess on your hands, because this was apparently never properly taken care of. The title of the house would appear to be in your grandmother's name. That means that an estate would need to be opened for your grandmother and a personal representative appointed by the court. If your grandmother had a Will, then the property would pass according to the terms of the Will. That might mean that your mother was the sole beneficiary, or it might mean that ALL of the grandchildren are now entitled to a share. There could potentially be the need for separate probate estates for each of the deceased children. Whether or not your mother has an offset for the expenses that were paid is open for argument. The counter-argument is that she *should* have been paying rent. This is a mess. You may have tax issues, you may have insurance issues. For example, since the house is apparently owned by your grandmother, it may not be insurable, unless an estate is opened. That does not mean that you do not HAVE insurance. But if there is ever a claim, and the insurance company has not been notified of the situation, it may refuse to provide coverage. So you may have been paying for insurance coverage for 25 years, that was not there.
Answered on Jan 07th, 2013 at 11:34 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The rights of all of your mother's living siblings and the heirs of the deceased sibling will depend upon who has legal title to the property. Although you don't say, I'm assuming that the property is held either jointly or as tenants in common by the surviving siblings and possibly by the heirs of the deceased siblings. If that is the case, then all would have a right to determine the use of the property.
Answered on Jan 07th, 2013 at 11:34 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If your grandmother did not pass the property to your mother, then possibly. You may have a claim for adverse possession. You really need to get with an attorney so that he or she can go through all of the details.
Answered on Jan 07th, 2013 at 11:25 AM

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The question can not be answered without knowing the state of the title to the property and the estate plan of both women. You should consult a probate attorney to review all of the facts and relevant documents and advise you.
Answered on Jan 07th, 2013 at 11:24 AM

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First you should find out who is the legal owner of the house. Your mother or your grandmother. If your mother is the owner, the house will go to her children in equal shares. If the house is still in your grandmother's name, it is more complicated. Better see a probate lawyer.
Answered on Jan 07th, 2013 at 9:31 AM

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IF GRANDMOTHER DID NOT HAVE A WILL, THE PROPERTY WILL PASS TO HER HEIRS OR THEIR DECENDANTS. THERE MAY BE AN OFFSET FOR THE REPAIRS AND TAXES.
Answered on Jan 07th, 2013 at 9:30 AM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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The answer to your question depends on the will of your grandmother (if she had one), the will of your mother (if she had one), and the terms of the deed for the house. Without information on all three, it is not possible to answer your question. You should meet with a probate lawyer in your area to discuss the best way to handle your mother's estate. That lawyer can review the documents and give you advice as to what needs to be done.
Answered on Jan 07th, 2013 at 9:29 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney. I take it the house was left by your grandmother to HER children. Your facts are insufficient to allow an answer.
Answered on Jan 07th, 2013 at 9:29 AM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Did your mother own the house? Did she have a will?Or did your grandmother own the house? Did she have a will or trust? If the house was owned by one and she died and had no will, it passes to her issue by right of representation. Therefore, for example, if your grandmother owned it and died without a will, then it passed one-seventh to each of her children. If she had a will or trust that permitted your mother to stay there for life and then to specified remainder beneficiaries, then those remained beneficiaries are entitled to the house.
Answered on Jan 07th, 2013 at 9:25 AM

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