What to do if I’m 1 of 3 children and both of my parents have passed but my brother lives in the family home and he refuses to share or leave?

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What to do if I’m 1 of 3 children and both of my parents have passed but my brother lives in the family home and he refuses to share or leave?

If no Will is found, how do I get my part of the estate?

Asked on November 7, 2014 under Estate Planning, Arkansas

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  If no Will is found then the property will pass via the state intestacy statute (dying with out a Will is dying ("intestate"). One of you needs to be appointed as the Personal Representative of the estate. It is my understanding that under Arkansas intestate succession laws you and your siblings would share equally. That means that you have equal rights to the home and staying there.  Should you wish to sell it and he does not then speak with an attorney about an action for partition once the deed is transferred. Good luck. 


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