Can I live in my mothers home if it has sat empty since she passed away 4 years ago?

UPDATED: Nov 8, 2012

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Can I live in my mothers home if it has sat empty since she passed away 4 years ago?

I am the only one that has been taking care of the house and would like to move into it. Will my siblings be able to have me kicked out? The house has sat empty this long, I would like to stay in it and fix it up. Would be willing to make some fair payments to them to buy their share out?

Asked on November 8, 2012 under Estate Planning, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assuming you are on legal title to the home that was formerly your mother's with your other siblings you have the legal right to reside in it rent free. The rationale is that so long as one owns an interest in real property the law holds that the person has the right to occupy the unit.

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