What are an owner’s rights to inherited real estate once they have bought their co-owners out?

UPDATED: Mar 2, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 2, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are an owner’s rights to inherited real estate once they have bought their co-owners out?

My grandmother passed away and left her house (and the rest of her estate) to her 3 daughters – my mom and 2 aunts. My mom wants to keep the house, and plans to pay my aunts out of their share of the house, using the cash received in the inheritance. My aunts were OK with this.My mom then wants to sell/give the house to me, where I want to move in with my husband and child-to-be. Once my mom transfers legal title into her name alone, and removes my aunts names, can she legally let me move into the house, or does she, as the heir, legally have to occupy the residence for a given period of time? Will my aunts have a legal course of action if they object to my mom passing the house on to me? Thank you!Sarah

Asked on March 2, 2015 under Estate Planning, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) An heir would only be obligated to move into or reside in a house if the will stated she had to do that.

2) Once you aunts sell their interests to your mother, they have no say over what she does with the home or who she lets live there (or sells  it to, or leaves it to in a will, etc.), except and only if the sale agreement for the house put some restrictions on what your mother could do with it--if she agreed to some restriction, she'd be bound by 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 lock Secured with SHA-256 Encryption