Is a child entitled to claim ownership on a house shared with a parent (owner) for 25 years after the parent dies?

Question

My sister has been living with my mother, rent free, for over 25 years.  She claims she's entitled to keep the house once my mother dies.  My mother has signed a quit claim deed deeding the house to all 3 siblings.  Will the deed override any other issues?

Dara J. Goldsmith · Answer

You need to have an attorney review the current status of the title and the quitclaim deed.  It is important to know if your mom still owns the property or if she does is there a POD deed or a trust that overrides the Quitclaim Deed.  Please speak with an attorney where your mother resides to review the situation.  Best of luck to you.

Erven Nelson · Answer

Yes, the deed will control if it has been recorded.  Make sure that is has been recorded immediately.

Victor Waid · Answer

Please obtain the assistance of counsel to probate this asset, as that will be necessary to transfer title to  the house to all of you; you may want to claim an offset for back rent as to the sister who lived rent free against her share of the house.

Geoffrey Germane · Answer

Merely living in a home does not give one a right to own it after the death of the owner. If your mother was the only owner on the deed and she deeded the house to all three, ownership will vest in all three. Your sister would have to prove some other theory of ownership, such as that your mother promised it to her and made an oral contract to transfer it to her and that the contract was supported by consideration.

Jayne Sebby · Answer

If the deed is sufficient in your state to legally transfer your mother's interest in the property to you and your siblings, then the property has already been transferred and would not be part of your mother's estate. Your sister would have no special claim to it beyond an undivided one-third interest. Whether she is allowed to remain living in the house after your mother's death is different matter to be decided between the three of you.

Norman Green · Answer

You have presented no reason why your sister should be entitled to more than a third.

Robert Long · Answer

Yes.

Brian Haggerty · Answer

Yes, the deed wins.

Christine James · Answer

The deed will rule.

James Frederick · Answer

There are no other issues. Your sister has no claim on the property, except through that deed. She would own the same interest as the rest of you. Of course, making her understand that, and doing something about it may require you to hire an attorney and perhaps even take her to court.

Frances Headley · Answer

The deed will control unless the sister has a written agreement and can convince a court that her agreement should prevail over the deed.

James Weiner · Answer

Your sister is wrong in some respects and most likely she will not own it individually. Yes the deed takes precedence, she would not get the house simply because she lived there with your mom's permission. So my question has the quit claim deed been recorded? What does it say? Be cautious If your mom has deeded it to you and your siblings "as joint tenants with right of survivor-ship". In Michigan it is almost impossible to break that joint ownership via court action and all 3 siblings have to agree to sell the house once title vests. So she would be entitled to live there as joint owner until she dies if she does not agree to sell (but you and your siblings can all live there also and simply move in). She will not be able to sell it without your agreement either (unless you die first) and the question becomes who will be liable for all of the bills, taxes, repairs, etc. while she is living there? If your mom has not recorded the quit claim deed and she is still alive. I advise her to contact an estate planning attorney and do it right with a will and or a trust rather than a deed that is intended to be recorded after death. I have been involved in multiple lawsuits between siblings because a parent deeds property to themselves and their siblings as "joint owners with a right of survivor-ship", its cheap to do now but this action can (and usually does) tear apart families.

Bernard H. Greenberg · Answer

Generally the answer is no. Your sister can pursue any claim she chooses against your Mother's estate and may even seek to overturn the deed to all children. To protect herself, your Mother should seek assistance from a lawyer who specializes in estate planning.

Mark T. Peters · Answer

Yes, if the quit claim deed has been recorded, then the three of you own it. If it has been signed, but your mother still has it, then it is possible that she could change it before she dies.

Thomas Edward Gates · Answer

If your mother signed a Quitclaim Deed giving the children the home, she no longer owns it. The Deed stands alone and your sister does not have any other rights to the home.

Kathleen Delacy · Answer

The deed will prevail.

Christian Albut · Answer

Depending on all of the facts, generally the deed will control the distribution and ownership of a piece of real property. Depending on how the deed reads it would most likely go to the 3 siblings.

Randy Lish · Answer

The deed controls. Just because the daughter got a place to live does not mean she owns it.

James E. Reed · Answer

Yes.

Don Rosenberg · Answer

Deed will definitely control ownership.

Brooke Ashton · Answer

Despite your sister living in the house for 25 years, the house belongs to the person on the deed to the home. If your mother is the only one on the deed, then it is her home and her right to give to whomever she wants upon her death. If your mother has deeded the house to all three children, then it is owned by all three children. However, it sounds as though your sister is claiming some sort of right to the home via adverse possession. It is hard to establish adverse possession and she must follow certain steps as set forth in statute for your state. For example, in some states, the person adversely possessing the property must pay the taxes on the property for a certain number of years in order to claim adverse possession. You should consult a property attorney in your state.

Rick Lee Denker · Answer

A recorded deed to all three siblings should establish ownership of the property in the 3 children and would trump your sister's individual claim.

Ben Liu · Answer

If the deed is a valid deed and delivered to the grantees or recorded, it should control.

John Brennan · Answer

Generally yes, the deed would prevail. A renter, or even a party living in a house for free, gains no property interest under normal circumstances.

James Maguire · Answer

If your mother legally transferred ownership of the house, ownership would not be controlled by a will. Your sister has no more rights than her siblings.

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Is a child entitled to claim ownership on a house shared with a parent (owner) for 25 years after the parent dies?

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