What are my rights against my 3 sisters upon my father’s death?

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What are my rights against my 3 sisters upon my father’s death?

I have 3 sisters but I am the only one who lives with my father in his home which is paid for and I have for the past 26 years. Unfortunately, he has a tendency to be 2-faced lack of a better word and has told us all something different as far as his wishes on who gets what of

Asked on February 22, 2019 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your father dies without a Will, then he will die "intestate". This means his heirs will inherit his estate; this includes his children and surviving spouse, if any. If your father is not currently married, then his estate will be distributed equally among you and your sisters. At such point as title to his house is transferred to the 4 of you, then you will all be the legal owners. Accordingly. as a legal owner your sisters cannot force you to move out, then can however force a sale. In cases where co-owners cannot agree as to property matters such as selling, the law provdes the legal remedy of "partition". In such anaction, a suit is filed to determine all of the owners' rights/responsibilities. A court can order that the property be equally divided, if practical. However, in the case of a single family house, the court can order something called a "sale in lieu of partition". Pursuant to this, the property is put up for sale and at such time as it sold, the proceeds are distributed equitably among the parties. First, however, in the event that an owner wants to buy out the other owner(s) then they can do so, again for fair market value.


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