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Home > Law > Family Law   »   My father died now my mother is kicking us out.

 
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Old Oct 17, 2006, 09:36 AM
RANDYYQ
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My father died now my mother is kicking us out.

My father died a couple yrs ago. My mother decides to bring in another man into her life. She is asking my brother and me to move out or buy the house off of her. My question is: are we entitled to any part of the house? My father didn't have time to do his will. The house is now paid off. Are we entitled to my fathers half of the house? Life in California is getting really expensive. We can't afford to buy another home.

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Old Oct 17, 2006, 10:08 AM   #2  
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No will??? I believe the possessions belong to the surviving spouse. If she is "kicking" you both out, that must mean you both are probably over 18 years old. Time for you to find a life. If it's too expensive to live in California on your own, then maybe you and your brother could share rent somewhere. The way you mention "my father" and "my fathers half" makes me wonder if this is your natural mother??? If she is a stepmother, then your situation may be different. A little more info would probably help in getting a better answer.

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excon agrees: Yup.
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Old Oct 17, 2006, 10:45 AM   #3  
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Yes she is my natural mother.
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Old Oct 17, 2006, 10:48 AM   #4  
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When a person dies with no will, all possessions are transferred to the surviving next-of-kin. In this case your mother.

If you don't mind, how old are you and your brother?
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Old Oct 17, 2006, 10:49 AM   #5  
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Hello RANDY:

Then your fathers half went to your mother. You don't own squat.

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Old Oct 17, 2006, 12:00 PM   #6  
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i think you deserve half of the assets...after all it was your father...if i were you id fight her for half...thats just me

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rkim291968 disagrees: Legally, he is not entitled to any of it. Also, if he's an adult, he needs to find a way to be indepedent.
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Old Oct 17, 2006, 02:19 PM   #7  
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Doesn't work that way. When people get married, they form a relationship tilll death do they part. They invest in each other and share all the shared wonderful things that comes with being committed together. The kids are added bonuses but not suppose to stay at home and live forever. Get a life and move on. Where do you want to be in a year from now????
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Old Oct 17, 2006, 03:06 PM   #8  
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As a general rule, once you turn 18 you should go out and make your own way in the world... Continuing to live off your parents is the worst form of welfare. While there are certainly exceptions and reasons why adult children remain living at home, you just can't achieve a high level of independance and maturity if you are always under your parent's wing.

Perhaps your father held you back by allowing you to remain living at home... and now your mother is finally able to get you out of the nest.

Regardless of how you feel, your mother feels you have the ability to be self-sufficient...

Don't be afraid - you're about to start your life....

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J_9 agrees: I agree, time to cut the apron strings.
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Old Oct 17, 2006, 04:18 PM   #9  
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I will sound hard and mean, but we always had a stick rule in our house, after 18 if you were not in college, you worked and paid rent to live at home.

If you did not, you were out, I have packed a boys bags more than once and left them sitting on the porch.

So in all honestly you should have been moved out and living on your own long before know, and yes your mom is completely entited to get a new boyfriend, ( or girlfriend even in america today) and get remarried and so on.
And to move on with her life.

And yes she has full rights to kick you out anytime she wants.

And yes the wife gets everything unless a will gives someone else something listed in it.

Sorry this is not what you wanted to hear, but it is time to move out and make your own way in life, and you mother is moving on in her life.
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Old Oct 17, 2006, 07:59 PM   #10  
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As long as your mother survives and is living there, probably not. Usually spouse trumps all when it comes to probate matters. That said, your mother gets your father's half of the house (assuming it was jointly owned at the time of your father's death.) I'm assuming that you and your brother are legal adults, over 18. In that case, your mother is no longer legally obligated to support you so she doesn't have to be responsible for you and your brother having a place to live.
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