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sibling1159 · Mar 2, 2014, 07:58 PM

Both of my parents are deceased. My father did not have a will; however, my mother had a will. She willed her 50% of the house to my youngest brother and my youngest sister. So, my father's 50% is split among 6 children. My youngest brother resides in the house with his family. He has been responsible for paying the property taxes. Are any of the other heirs allowed to live in the house against my youngest brother's wishes? I have two brothers who do not work and think that since they own a small percentage, they can also live in the house. I need to know if there is any law that would prevent my other two brothers from living in the house.

Fr_Chuck · Mar 3, 2014, 04:19 AM

No, the issue here is how died first, ( unless they died at the exact, same time.)

The husband could have claim to wife's estate if she died first.

Wife claim to husband if he died first.

So it is not as easy as both heirs will or non will, you have to work it though probate, by who died first, settle their estate, then go on to the next person.

This can or could become very complicated, depending on who will contest various parts.

joypulv · Mar 3, 2014, 04:30 AM

We need to know the state, and who died first!

ScottGem · Mar 3, 2014, 05:48 AM

First, any question on law needs to include your general locale as laws vary by area. Second, knowing who died first would be helpful. Also knowing how the house is titled now would also be helpful.

However, assuming you are correct in how the house is owned, I would say they have the legal right to occupy 1/12th of the house. Now if a room in the house can be more than 12th, there could be a problem. Frankly, if the 2 brothers took it to court, I think a court would allow them to move in, depending on space. However, any one of the owners can sue to partition the house or force a sale. So its probably in the occupying brother's interest to work out something with his siblings.

dontknownuthin · Mar 3, 2014, 07:33 AM

My best guess is that both parents had full right to the house upon the passing of the other assuming it was a marital asset. As such, even if one willed it to his kids upon passing, if the other partner survived, that will would not mean anything because you cannot give away what belongs to your spouse. The surviving spouse would own the house in entirety. That is why it is essential to know who died first. Their will, barring legitimate reason to contest it, would be valid. On the matter.

Once you you sort this out, unless you all agree otherwise, those who want to live in the house will likely have to buy out the siblings who do not want to live there. If they can't , the house should be sold and each party given their share. The sibling who paid taxes may feel he should be reimbursed, but did he also pay rent? If he paid taxes but otherwise lived there free, it seems to me he got fair consideration for his contribution by living there. This sounds like it needs to go through probate.

AK lawyer · Mar 3, 2014, 10:59 AM

Originally Posted by ScottGem

... However, assuming you are correct in how the house is owned, I would say they have the legal right to occupy 1/12th of the house. Now if a room in the house can be more than 12th, there could be a problem. Frankly, if the 2 brothers took it to court, I think a court would allow them to move in, depending on space. However, any one of the owners can sue to partition the house...

If they own the house in common, their interests are "undivided" interests. There would be no requirement that they occupy portions of the house in proportion to their shares. So the best bet, unless they can figure out how to share the space, is to go to court for a partition action.

Also, people often assume (incorrectly) that heirs named in a will inherit property automatically. This is not true. If the estate has not been probated, someone needs to apply to the probate court to get the will "probated" and the resulting ownership adjudicated.

sibling1159 · Mar 5, 2014, 11:27 AM

Originally Posted by joypulv

We need to know the state, and who died first!

The state is Louisiana. My father died first in 1992 and my mother died in 2001.

sibling1159 · Mar 5, 2014, 11:41 AM

Originally Posted by joypulv

We need to know the state, and who died first!

My parents were married. My father died first. The state is Louisiana.

ScottGem · Mar 5, 2014, 12:10 PM

How is the house titled now? Under LA law, your mother might have inherited the house if it was community property. Which means that when your mother died, it would have gone to who she designated. So you need to find out how the property was titled after he died and then after she died.

It is not necessarily true that the 6 siblings share half the house.