If my name is on the deed to my parent’s house and they pass away but try to leave it to my sibling and we don’t come to an agreement, what are my options?

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If my name is on the deed to my parent’s house and they pass away but try to leave it to my sibling and we don’t come to an agreement, what are my options?

Asked on July 1, 2012 under Real Estate Law, Montana

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation.  How is the deed held with your parents?  As Tenants in Common or Joint tenants?  Does it say "with rights of survivorship" anywhere?  If ther are rights of survivorship then you own the proeprty alone.  If it does not then you own it jointly with your sibling if they Willed him the other half.  Then some one needs to be appointed as the executor of the estate and the deed has to be trasferred.  Now, if you do not want to own it with him you can buy him out or ask the court to partition the property (which results in its sale and the proceeds split).  Seek help. Good luck.


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