QUESTION

Regarding, Who owns the house? My Father passed away, with no will. My siblings tell me we all own the house and they want me to move out .

Asked on Sep 15th, 2011 on Wills and Probate - North Carolina
More details to this question:
They want to sell the house and split the money three ways. I have no where to go. How can I legally keep the house? I have lived in this house my whole life and took guardianship of my Dad when he became ill with alzheimer''s. My brother and sister never helped him the 3 years he was ill. Now they want to split up all the property. I don''t think its fair but, legally can I do anything?,,Thank- you for your time.
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1 ANSWER

Where I practice in IL the court may authorize and direct the guardian of the estate to make conditional gifts from the estate of a disable person to any spouse, parent, brother or sister  of the disabled person who dedicated himself or herself to the care of the disabled person by living with and personally caring for the disabled person for at least 3 years.  It shall be presumed the disabled person intends to make such conditional gifts. Your case is a tough one because your dad left no will and your siblings are correct, you all own the house equally per intestate laws.  If you want to keep the house, you'll have to buy them out or somehow get them to quitclaim their interest to you.  A probate estate may HAVE to be opened merely because there is a piece of real estate (not sure what NC law is on that one) involved.  If a probate estate is opened if I were you I would petition to be given more than your 1/3 intestate share because of the time you invested in your daddy's care.  Your worst case scenario is that you will have proceeds from the house sale to locate hopefully affordable housing.  Good luck to you.
Answered on Sep 20th, 2011 at 8:02 PM

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