If I lived with my late mother and took care of her for 8 years in her home paying all house expenses, do I have to sell it and split the proceeds with my siblings?

Is there a way to get the title in my name? She died without a Will?

Asked on November 12, 2014 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, having taken care of your mother and having paid her expenses gives you no claim to her assets after death. You say there is no will; that means that the assets will distributed under your state's rules for "intestate succession" (what happens when there is no will). If there is no surviving spouse, but you and your siblings are all alive (which is what your question implies), then her estate--including the house--will be split evenly between all her surviving children. As a group, you can own the house and use it (e.g. a vacation or second home, or even share it so that everyone can live in it); own it and rent it out; or sell it and split the equity. If you all cannot decide on what to do, the default is to sell it and share the proceeds.

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