QUESTION

Family law

Asked on Oct 01st, 2021 on Wills and Probate - California
More details to this question:
I live in the family home I'm youngest out of five children my parents had no will and my brother is trying to get me out so that way he can move in here and renovate the house but his plan is to demolish the house and rebuild it and sell it can he do that when my parents last wishes was for me to stay in the family home that I grew up in
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a valid will.  Assuming that your parents owned the house jointly (i.e. either as joint tenants or tenants by the entirety, which is usual with married couples) so that the survivor of the two of them would inherit the house upon the other's death, and owned it  outright,( i.e. with no one else on title, the house was not owned by a trust, etc.) and that there was no will. and that all of their children are living, each of their surviving children (assuming they had no children of other relationships) would inherit 1/5 of the house.  This means that you own 1/5 of the house and that your siblings cannot do anything with it without your consent (or a court order).  However, unless California law is different than the law in the states in which I practice, that doesn't give you the right to live there rent free.  As you can see, there are some complex issues here, and you should probbably consult a California lawyer.
Answered on Oct 01st, 2021 at 11:59 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters