QUESTION
No will from deceased parent, 2 siblings wanting the house where only one of them resides. Can the other sibling ask for half the worth of the home?
Asked on Nov 19th, 2012 on Estate Planning - Michigan
More details to this question:
Only one sibling is keeping up with the monthly payments of the house and anything else for upkeep. Can the other sibling still try to take the home from the one living in it?
19 ANSWERS
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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You need to hire a probate attorney.
Answered on Apr 30th, 2013 at 3:10 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In CA, if only one parent is deceased, the surviving parent usually ends up as full owner, but some procedure may be required to consolidate ownership. If BOTH parents are deceased, and there is no will, then each child gets half. A petition to administer the estate gets the probate started, and after that the administrator can decide whether to sell the house or just distribute it one-half to each sib. I think you can figure out which sibling would go which route, can't you? Sounds like it should be a race to the courthouse to be the first one on file. Pick an attorney that knows the procedure.
Answered on Nov 27th, 2012 at 11:53 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The remaining sibling out of the home will have to file a petition to partition the property as to the legal title, and can demand half of the rental value for as long as the other sibling remains in the property; probably best if the two of you can work out a buy and sell agreement, or put the property up for sale, with the net proceeds to be divided evenly from the escrow.
Answered on Nov 21st, 2012 at 8:17 AM
If there are only two heirs (the two siblings) then they become co-owners of the house. Either co-owner can cause a sale of the house to get out his or her value.
Answered on Nov 21st, 2012 at 8:17 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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If the two children are the only heirs, then they will receive the house from the parent's estate. They both have a right to live in the house. Either one could file a petition for sale in lieu of partition. Upon the sale of the house, the child who paid the mortgage and upkeep might be able to get reimbursed before the proceeds are split.
Answered on Nov 21st, 2012 at 8:17 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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At some point, someone has to administer this estate. In that process, the ownership of the home will be resolved. And, yes, if decedent left no will creating a life estate for one sibling, then why shouldn't the other have a right to his inheritance?
Answered on Nov 21st, 2012 at 8:17 AM
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Absolutely. It may be best to sell the property.
Answered on Nov 21st, 2012 at 8:00 AM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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All children will share equally without a will.
Answered on Nov 21st, 2012 at 7:33 AM
Thomas Edward Gates
Since there is no will and I assume a living husband/wife, all of the children share equally in the estate. The cost of upkeep can be taken out of the sale proceeds first. If one of the siblings wish to keep the house, they can buy it at fair market value and give one-half of the money to the other sibling.
Answered on Nov 21st, 2012 at 7:25 AM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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Each sibling gets half the home unless they agree otherwise. This assumes the estate has enough liquid assets to pay all expenses and debts (other than the mortgage) without having to sell the home.
Answered on Nov 21st, 2012 at 7:16 AM
Shadi Ala'i AlaiShaffer
No one can do anything until they open a Probate. Since mom and dad had no Estate Plan (Living Trust) they have to first go through probate in order to manage or distribute and divide the interest in the home.
Answered on Nov 21st, 2012 at 7:14 AM
If your parents made no will and did not otherwise transfer an interest in the real estate by deed, lease or otherwise to your sibling, you may open an estate administration in the probate court where the last surviving parent resided upon death and the probate court will authorize sale of the home. A person enjoying occupancy ought to continue paying the monthly payment and upkeep and may entitled to continue doing so until lawfully evicted so you can prepare the home for sale if no other arrangement can be made with your sibling.
Answered on Nov 21st, 2012 at 6:53 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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I am not sure if the house is still in the deceased parent's name. If it is, then the house has to go through probate. The issue of the ownership of the house then can be resolved in probate, including the expenses incurred by the one sibling making the monthly payments. If the house is now in both siblings' names, then one has a cause of action for partition of the property. This can force the sale of the property or force one sibling to buy out the other. I would contact an attorney in regard to both matters.
Answered on Nov 21st, 2012 at 6:39 AM
William H. Von Willer
Without a will, all siblings would take equal shares.
Answered on Nov 21st, 2012 at 6:38 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You will need to open a probate to properly handle this matter. I strongly suggest you hire a probate lawyer to help you with this. Since there was no will, the house should pass equally to the two children. The one child who lives in the home would normally owe something to the estate in terms of rent, but would receive a credit for the monthly payments and upkeep. This would all be handled in the probate.
Answered on Nov 21st, 2012 at 6:22 AM
If the deed is only in the name of the parent, the house and other assets will have to be probated. Normally, each will get half of the house if there is equity.
Answered on Nov 21st, 2012 at 6:20 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Parent dies without a will, but with 2 children and no predeceased children. All of parent's assets pass equally to the 2 children. Period. One child is living in the home. One is paying all the expenses of the home. Lets assume that's the same child. 2 are the possibilities: A) What she is paying is approximately the same as the fair rental value of the home (or less), in which case we can apply the first paragraph without significant modification. B) If she is paying more than fair rent then she is probably entitled to be reimbursed from the estate. Either child has the right to petition the court for letters of administration. Assets will be divided equally. If the house is the vast majority of the estate, then either one child will need to buy out the other or it will need to be sold. (Any financial or property disputes they cannot resolve can be addressed by the court.)
Answered on Nov 20th, 2012 at 2:14 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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The occupancy by one sibling really doesn't mean anything. Both children would inherit one half of the house. Perhaps it would have to be sold for this to happen. The sibling occupying the house would probably be entitled to an adjustment to reimburse the contributions for payments, upkeep etc.
Answered on Nov 20th, 2012 at 2:14 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the parent died without a Will, then the two siblings would appear to be the co-owners of the house. Neither one would have the right to take away anything from the other. The easiest way out of this is for the sibling who wants the house to buy out the other sibling. Now is a good time to do this because home values are low, as are interest rates.
Answered on Nov 20th, 2012 at 2:13 PM