What needs to be done to givea co-ownerthe right to occupy a premises?

UPDATED: Jan 29, 2011

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What needs to be done to givea co-ownerthe right to occupy a premises?

I’m the personal rep of my parents estate. My siblings and I have decided not to sell the house but to allow our brother to live there since it’s paid for. Do we have to change the name on the deed or may live it as is for now? We are not giving him the house only allowing him to live there.

Asked on January 29, 2011 under Real Estate Law, Oklahoma


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

Answered 12 years ago | Contributor

You as the personal Representative have great power as to the assets of the estate.  But you can also open yourself up to great liability if something goes wrong here so I would consult with the attorney that is helping to handle the estate regarding this matter.  I would consider having your siblings sign an agreement consenting to his occupancy of the house.  You need to worry about insurance should something go wrong. I think that it is admirable and actually quite smart to have a house continue to be occupied rather than become an target for those that know it is vacant.  You can agree to allow him to live there as the caretaker of the house or whatever you decide.  But spell out what he is paying for because the estate is responsible for the maintenance and upkeep otherwise.   As for the deed, it needs to be trabsferred to close the estate.  So discuss that as well.  Good luck.

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