What are a child’s rights to their late parent’s home?

My husband’s grandmother died a year ago and left 3 surviving children, 2 of whom have lived in the home for over 30 years (1 of those living in the home is my husband’s mother). In the event that 1 of her siblings goes through with succession, can she force my mother-in-law to vacate the home?

Asked on June 2, 2014 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am assuming here that the Will left the home to them equally under the law. So then remember that all three children have equal rights under the law, meaning that they have the right to posses or request their portion of the inheritance. What does the Will state?  Does it say that the house be sold and the three share equally in the profits?  Or does it say only that the house is left to the three of them?  If one of the siblings wishes to start the probate proceeding they could force a sale of the house or the other two siblings could buy the third one out of their share.  The value of the home is a date of death value (date of death of their Mother) and an appraisal would have to be done unless they agreed on a price for the sale. Good luck.


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