in a partition action by my siblings on property i managed prior to my mothers death do i have rights

UPDATED: Oct 1, 2022

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in a partition action by my siblings on property i managed prior to my mothers death do i have rights

do i have rights in a partition action on a property i managed for my mom and did
her caretaking the last year of her life,when the other siblings never even
hardly visited,3 times in 12 years for 1.1/2 hours total,1 never even visited

Asked on August 26, 2017 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Managing the property has no effect on ownership of a property, and only ownership gives you "standing," or rights in a partition action. If you  are on the title or are inheriting (even if the estate has not yet been wrapped up), you have the right to appear in and oppose a partition action, but be aware that when the owners of a property disagree as to what to do (e.g. sell vs. rent vs. live in and use, etc.), partition *is* the law's response, so even if you have an interest in the property from owning or inheriting it, if all you have to oppose the partition action is that you don't want partition, that is no enough.

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 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.

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