What, if anything,can Ido to avoid losing co-ownership of a house willed to me by my mother?

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What, if anything,can Ido to avoid losing co-ownership of a house willed to me by my mother?

I am a disabled person who inherited a house from my mother 4 years ago. My mother left it to my sister and myself. My sister was already living in the house (mother lived last 5 years of her life in assisted living facility) and was unable to move out and sell the house then (and now). I’m choosing not to force my sister to move out and sell (my legal right) because she really does have many medical problems. But under CO law, can my sister, by continuing to inhabit that house (with me living elsewhere), eventually gain complete ownership? If so, when, and is there anything that I can do to prevent that?

Asked on February 28, 2011 under Real Estate Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

I can not image that if everything was properly done when your Mother passed away and even now that your sister could some how take the house from you.  By this I mean that when your Mother passed away the house was properly transferred to you and to your sister as joint tenants or tenants in common (whichever your state permits).  If the house was in your Mother's name only then it would have had to go through the probate court in order to have an executor's deed transfer the property in to both of your names.  I would go and seek some legal help here on the matter.  I would consider entering in to an agreement with your sister as to the house as well.  You and she have the same rights and obligations as to the property.  Good luck.


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