QUESTION
What are my rights to my parents house? How?
Asked on Aug 18th, 2015 on Estate Planning - Washington
More details to this question:
My parents own a house together. If my father dies, can my mother give the house to one of her children, excluding the others, without their authorization?
13 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
It depends on their ownership. If the house is owned "with right of survivorship" or "by tenancies of the entireties" then the surviving spouse owns it completely and may do anything she or he wants with it. If the house is owned "as tenants in common" or simply in both names, then each person's share of the house will be disposed as stated in their will.
Answered on Sep 09th, 2015 at 9:11 AM
Edwin K. Niles
That would be a yes.
Answered on Aug 25th, 2015 at 7:56 PM
Sure, its her property, she can do with it as she wants. Just because your her child, does not mean she has to give you anything since you are no longer a minor.
Answered on Aug 19th, 2015 at 8:09 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Spouses can enter into a contractual agreement regarding their estate plan. If your parents made such an agreement, when your father dies it can no longer be changed. However, very few couples make such an agreement. Most own their real property as "tenants by the entirety." That is a survivorship estate, so that once one spouse passes away, their other spouse owns the whole of the property. If your mother and father made no prior agreement regarding their estate plan, your mother can do whatever she wants with her property.
Answered on Aug 18th, 2015 at 6:32 PM
You have no right to the house if it is given to anyone else via trust or will.
Answered on Aug 18th, 2015 at 2:52 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Yes if she survives to the title via a joint tenancy title on the premises; thereafter she can give away her the whole thing.
Answered on Aug 18th, 2015 at 2:11 PM
3 Awards
Absolutely. If your father leaves it to her she can leave 100% to whomever she chooses.
Answered on Aug 18th, 2015 at 1:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, your mother and father together, or your mother following your father's passing if she is the owner of the house can give the house to the party or charity of their choice. You have what's called an expectancy, but no actual property rights. I would suggest that you counsel with an attorney to learn what your rights actually are.
Answered on Aug 18th, 2015 at 1:48 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
If your father and mother own the house as Joint Tenants, then upon the death of the first the survivor would be the sole owner of the house and able to dispose of it as he or she wishes. The survivor could distribute the asset to a single person as a distribution under a Will. If the survivor does not have a Will the assets would be divided among the descendants. If your mother and father own their house as Tenants in Common, then the term of the Will of the deceased, if any, determines how the ownership interest of the deceased is distributed. If it is a Tenants in Common situation and there is no Will, then the ownership interest of the deceased would be divided among the spouse and the descendants of the deceased.
Answered on Aug 18th, 2015 at 1:47 PM
Absent something unusual, your parents own the house as tenants by the entirety. This means upon the death of the first spouse, the survivor will be the sole owner of the property and free to do whatever he or she wants with the property.
Answered on Aug 18th, 2015 at 1:45 PM
Assuming that your parents are the sole owners of the property as joint tenants in fee simple (total ownership), neither you nor your siblings have any claim or right to your parents' home. Your parents can do whatever they want with their own property. That includes selling it and frittering away the money on a trip around the world, giving the property to one child and completely excluding all other children, donating it to their charity of choice, even trashing the house so badly that it has to be condemned and demolished.
Answered on Aug 18th, 2015 at 1:45 PM
Yes she can.
Answered on Aug 18th, 2015 at 1:44 PM
Thomas Edward Gates
The children have no rights now or after she dies to the house. She is able to do whatever she wishes with the house.
Answered on Aug 18th, 2015 at 1:31 PM