:confused: 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 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.

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.

Yes she is my natural mother.

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?

Hello RANDY:

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

excon

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

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??

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 adult children remain living at home, you just can't achieve a high level of independence 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... :)

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.

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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Originally Posted by Fr_Chuck

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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Exactly!! I have to spread by rep before giving it to you again. :o

Word to the wise, your mother is doing the best thing she could to make her sons MEN. I applaud her.

Thanks Guys.. . For All Your Help.. .

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Originally Posted by excon

Hello RANDY:

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

excon

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Hey Excon,

"don't own squat" That about sums it up

Ace

Randy- In the long run you'll be glad she is making you stand on your own two feet and fending for yourself

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Originally Posted by RANDYYQ

:confused: 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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You have some rights as children . But it may be that it all went to your Mother . And then once she dies . It will be split between the children. Now if you are adults . Then what's the problem ? Go in 1/2's and get you an apartment . Or move where it is cheaper . Your Mother has the right to move on in her life . So should you guys ! It's almost kind of funny that you still live at home . Your Mom has the right to move on .