What are an owner’s rights to inherited real estate once they have bought their co-owners out?

My grandmother passed away and left her house (and the rest of her estate) to her 3 daughters – my mom and 2 aunts. My mom wants to keep the house, and plans to pay my aunts out of their share of the house, using the cash received in the inheritance. My aunts were OK with this.My mom then wants to sell/give the house to me, where I want to move in with my husband and child-to-be. Once my mom transfers legal title into her name alone, and removes my aunts names, can she legally let me move into the house, or does she, as the heir, legally have to occupy the residence for a given period of time? Will my aunts have a legal course of action if they object to my mom passing the house on to me? Thank you!Sarah

Asked on March 2, 2015 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) An heir would only be obligated to move into or reside in a house if the will stated she had to do that.

2) Once you aunts sell their interests to your mother, they have no say over what she does with the home or who she lets live there (or sells  it to, or leaves it to in a will, etc.), except and only if the sale agreement for the house put some restrictions on what your mother could do with it--if she agreed to some restriction, she'd be bound by it.


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