What are my rights if my mom died a year ago and left her home to a sibling and myself?

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What are my rights if my mom died a year ago and left her home to a sibling and myself?

I have rented from my mother and lived in the home for 7 years. The estate is now going to be probated. I would like to buy my sibling out if I can get a loan. Can I be forced to leave until I work something out with the lawyer handling the estate?

Asked on February 28, 2014 under Estate Planning, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Probate is a legal document. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court (surrogate court) decides the legal validity of a testator's will and grants its approval by granting probate to the executor. The probated will becomes a legal instrument that may be enforced by the executor in the law-courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process a will may be contested.

Since you are in possession of the home that you will receive an interest in you can remain in the home until any possible buy out is remedied. It is safe to have an occupied home versus a vacant one for many reasons.


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