Now that both of my parents are deceased, what are my rights to the house that I have lived in with my family for the last 10 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

Now that both of my parents are deceased, what are my rights to the house that I have lived in with my family for the last 10 years?

My parents added on the house with the verbal agreement that we could stay until my son graduates high school. Both of them passed away but did not leave an updated Will. I have 2 sibilings and everything that is left is split equally amongst us. There is still a mortgage and line of credit on the house that I have been paying since my dad passed. Do I have an legal right to say here until my son graduates or would I need to sell if I cannot buy my siblings out?

Asked on May 20, 2013 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The verbal agreement is meaningless, since your parents are now deceased. Therefore, unless your siblings will agree to sell to you or otherwise to let you stay (e.g., you and they may agree that if you pay taxes, utilities, and maintenance, you may stay until your son graduates, at which point the three of you will sell the house and divide the proceeds). If you can come to an agreement with your siblings in principal, retain an attorney to structure and draft it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption