QUESTION
My Mom died.. I have lived here in our home for last ten years.. the house is willed to all four children, they have houses. can i get a roommate
Asked on Mar 19th, 2021 on General Practice - Rhode Island
More details to this question:
I am living in the family home.. which i love it is 5 bedrooms 2 1/2 bathrooms.. my mom asked me many times before she died.. did i want to stay in the house.. and could i afford it?? we thought maybe i could get a room mate.. my mom had a lawyer come to the house just last year.. and she was willing me the Grand Piano and giving me life tenancy.. but that will was not signed.. mom just died March 2. my older sister went to the lawyer who says the house has to be sold whcih is WRONG because three out of four of us children want to keep the house in family.. I have no where else to live.. i do not have a job now.. i have plenty of money.. and mom left me some Ira and bank money.. i love this house and want to stay here and rent rooms out.. i have sent an email to the lawyer.. and then i printed out the email and brought it to his office gave it to his secretary.. that way he can't say he didn't see my email.. i have a friend staying here , she is getting divorced. and she has paid me
1 ANSWER
I'm very sorry for your loss.
Since the will was not signed, you do not have a life tenancy, but own (or will own once your mom's estate is probated) the house equally with your 3 siblings. If your siblings do not all consent to you remaining in the house, you have no right to stay, but perhaps they would agree if you would pay market rent (discounted by 25%, since that would be your share). Ditto about getting a roommate, and you would only have the right to 25% of the rent paid by the roommate.
If one of the 4 owners insists on a sale, he/she can probably force a partition and sale of the property, although nothing would prevent you from buying it if you have the means. Since this can be an expensive proceeding, it probably makes more sens for one or more of the others to buy that sibling out.
One more thing - the lawyer does not represent you. If you feel that you want someone to represent your interests, hire your own lawyer.
Answered on Mar 19th, 2021 at 11:38 AM