What are my rights to my parents house? How? 19 Answers as of September 09, 2015

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?

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Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 9/9/2015
Law Office of Pamela Braynon | Pamela Y. Braynon
If she writes a will and does that it can be done. If no will is written, Florida statutes will take determine how the estate is distributed. For anything that is titled, the court's is the only entity that can change the title according the laws of Florida.
Answer Applies to: Florida
Replied: 8/24/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
That would be a yes.
Answer Applies to: California
Replied: 8/25/2015
Wellerstein Law Group, P.C.
Wellerstein Law Group, P.C. | Elisha Wellerstein
If you mother owns the house, then she can do what she wants with it. If doesn't own the house then she can't. A parent can disinherit their child in their will, and they can choose to give their home/assets to anyone they want while they are alive, as long as they have competency to do so.
Answer Applies to: New York
Replied: 8/19/2015
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 8/19/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/25/2015
    Stephens Gourley & Bywater | David A. Stephens
    That depends on how they own the house now and what your father's will says.
    Answer Applies to: Nevada
    Replied: 8/18/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 8/18/2015
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Once your father passes, if your parents owned the home, as joint tenants with right of survivorship, your mother becomes the sole owner of the home. As such, she can do with it what she chooses without any consent, permission or authorization from the children.
    Answer Applies to: California
    Replied: 8/18/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You have no right to the house if it is given to anyone else via trust or will.
    Answer Applies to: California
    Replied: 8/18/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes if she survives to the title via a joint tenancy title on the premises; thereafter she can give away her the whole thing.
    Answer Applies to: California
    Replied: 8/18/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 8/18/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Absolutely. If your father leaves it to her she can leave 100% to whomever she chooses.
    Answer Applies to: Nevada
    Replied: 8/18/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Yes she can.
    Answer Applies to: Colorado
    Replied: 8/18/2015
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    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.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 8/18/2015
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 8/18/2015
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, if your mother owns the house as sole owner after your father dies, then she may give it to one of her children (excluding the others) with his or her authorization. However, nobody is required to accept a gift, so the child can disclaim (not take) the asset.
    Answer Applies to: Maryland
    Replied: 8/18/2015
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