What are my rights to my mother’s house now that she is deceased?

UPDATED: Oct 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights to my mother’s house now that she is deceased?

My sister and I do not agree on the course of action pertaining to my mother’s house. I live in it; she does not. Approximately $6k is owed. I am a unemployed single father and just need time to square things up. I cannot afford anything close to what I have now.

Asked on October 13, 2011 under Estate Planning, Michigan


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for the situation.  You did not mention if your Mother left a Last Will and Testament or ifshe died what is known as "intestate."   Then the intestacy statutes in your state will govern how the assets are divided.  I am going to assume that either under the Will or intestate you and your sister split the assets 50/50.  That means that you each have an equal right to the house or to its proceeds. You also have equal obligations to maintain it, etc.  Now, has anyone been appointed as the personal representative of your Mother's estate?  The PR will be the one to determine the best outcome for the house should there be no Will because the PR has to look at the debt of the estate as well.  What happens after that depends.  If you and your sister are transferred the house subject to the mortgage and you are both on the deed then either one of you has the right to request partition of the house - splitting it in two - which usually results in sale and splitting of the proceeds.  You need to come to an agreeement. Pay the mortgage off as rent - whatever.  And some one needs to be appointed.  Good luck.    

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption