What is a child’s right to stay in the home of their deceased parent?

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What is a child’s right to stay in the home of their deceased parent?

I lived with my mother for the last 19 years of her life; we just lost her several months ago. I helped her in every way I could; I gave her $400 a month for rent (in cash) so she wouldn’t have to pull money out of her account or put extra money in her banking account which her SS would ask about. I did all repairs, house cleaning, yardwork, etc. Now that she’s gone my second to oldest wants my brother and I out of the house so she can sell it. Do I have any rights to stay there until I can build up good credit which I lost helping my mom? My mom did give her the right to sell after her death but there was no time line for the sell or when we have to be out.

Asked on February 23, 2013 under Estate Planning, California

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Obtain yourself a probate lawyer to probate the estate, as it sounds like you have a right to a piece of the inheritance/division of the proceeds of the house sale; in the meantime, your probate attorney could arrange to have you appointed to administer the estate, and the heirs, your siblings, could enter an agreement with you to rent the house for the fair market value, and maybe crediting you for your share of the rent against your share of the estate.


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