What is a son’s inheritanc rifht to a house owned by his late mother?

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What is a son’s inheritanc rifht to a house owned by his late mother?

My husband and I live in a home that was co-owned by his mother and her brother but the deed is not survivorship. His mother has passed away and left a Will that anything in her estate be equally divided between her 5 children. However, she told her son that he could have the house but didn’t put it in writing. We haved lived in the house for 8 years now and paid all the taxes in my husband’s name; we’ve taken care of all repairs and maintenance to the house and land and enclosed the property with a fence and gate. The brother who owns the other half of the house has no problem siging his half over to us but the other children of the deceased wants their half of the house. What should we do?

Asked on February 10, 2012 under Estate Planning, Georgia

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 problems that have resulted.  If your husband's other siblings will not sign over their rights there may be nothing else you can do but to negotiate a deal for purchase of the hosue from them / the estate.  You Mother in Law's Will superceded any verbal bequest that she would have made based upon the facts as you have stated them here.  You should speak with an attorney about how to use the repairs and taxes you paid as a set off in some way if possible.   They may say it was in place of rent so you have to think about that.  Good luck.


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