If my mother-in-law left no Will but had stated that one of her sons could live in her home as long as he wanted, does that mean that there is no time limit to his occupancy?

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If my mother-in-law left no Will but had stated that one of her sons could live in her home as long as he wanted, does that mean that there is no time limit to his occupancy?

Then when he is ready to sell the house, the monies would be divided amongst all 6 adult children. Is there a legal time limit on how long he can live in the house-meaning the estate could remain open for years? His lawyer suggested he put the title of the house in his name if his siblings agree to this and then agree to pay them their share of the house whenever it is sold. Does that make good legal sense? Another sibling is living in the house with him and has refused to move out. If the title is put in the other siblings name, can he legally evict this brother. The brother will still have a legal share of the house.

Asked on February 1, 2015 under Estate Planning, Minnesota

Answers:

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

Answered 6 years ago | Contributor

No, it does not sound in the best interest of the 5 other siblings.  First, a Will must be written in Minnesota.  Oral Wills are not valid.  Also, it sounds as if the sibling was given a life estate but again, it has to be in writing in a Will.  If your Mother in Law dies intestate - with out a Will - then the children will share equally and each have equal rights right now.  Now, if the kids want to agree to let the brother live in the house that is their choice but I would speak with a different lawyer asap.  Not his lawyer.  No agreement should be made between them unless it is in writing and signed by all of them.  A party needs to be appointed as the Administrator to evict the other brother.  Good luck.


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