Who will have rights to the home in the estate? 8 Answers as of November 11, 2011

If a brother and sister inherit a home and the sister has been living in the home and paying all the bills, homeowner's insurance, and taxes for the past 8 years; does she have more legal right to the home?

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The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Not if the title is still in the name of the now deceased. Whatever the will dictates for the way he wants his property to be distributed, that's where it goes, absent and written agreements there are to the contrary that weren't mentioned in the will.
Answer Applies to: New York
Replied: 11/11/2011
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
She does not have a greater legal right to the home by virtue of having paid bills. Her payment of those bills would likely be treated as "rent", that is, the cost of living in the residence. However, if you and she have been the joint owners for eight years and she has paid taxes on your share as well as her share, she may be able to collect that sum from you.
Answer Applies to: Minnesota
Replied: 11/10/2011
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
Not necessarily, who is on title and what was the agreement between brother and sister? I suggest in a situation like this that you speak to an attorney to make sure.
Answer Applies to: California
Replied: 11/9/2011
Law Office of J. Brian Thomas
Law Office of J. Brian Thomas | J. Brian Thomas
No. The sister may have a right to be reimbursed by the other co-owners for specific expenditures, but paying the bills does not enhance her ownership interest in the home.
Answer Applies to: Texas
Replied: 11/9/2011
Harville-Stein Law Offices, LLC
Harville-Stein Law Offices, LLC | Dean D. Stein
She does not have more "legal right" or ownership in the home, but she may have a claim forwhat she has paid to maintain the house, but a reasonable rent, if one has not been paid, may also be claimed as an offset.
Answer Applies to: Alabama
Replied: 11/9/2011
THE BROOME LAW FIRM, LLC
THE BROOME LAW FIRM, LLC | Barry D. Broome
Both have rights of ownership. Either of them can live in the house and both are usually responsible for the upkeep, etc. since they are both owners.
Answer Applies to: Georgia
Replied: 11/9/2011
Bullivant Houser Bailey PC
Bullivant Houser Bailey PC | Darin Christensen
Not unless she can demonstrate adverse possession or some form of agreement that she was paying to buy the home rather than paying the equivalent of rent.
Answer Applies to: Oregon
Replied: 11/9/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Probably not, but it depends if these issues are addressed in a Will. Also if she has been added to title it may simply pass to her. You probably should speak to an attorney about your specific case and have the attorney review the title on the property and any related estate documents to determine if a probate is needed to transfer title to the brother and sister.
Answer Applies to: Nevada
Replied: 11/9/2011
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