If my mother didn’t have a Will when she passed, am I entitled to a share of the home that she co-owned with my daughter?

UPDATED: Oct 2, 2022

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If my mother didn’t have a Will when she passed, am I entitled to a share of the home that she co-owned with my daughter?

I’m her only living child left am I in title to something? She had a mobile home but she put my daughter’s name on the title. However, I been living in the home now for 5 years can the court make me move out because my daughter wants to move in and have me move out?

Asked on August 12, 2019 under Estate Planning, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your daughter's name is on the title, then she is the owner of the home: the title determines ownership. You do not inherit it because your daughter already owns it. (Note: there is no legal obligation to leave anything to a child, so there is no inherent right to inherit if your parent gave her property to others.) Even if you have been living there for years, you are still legally considered a "guest": someone who is not a tenant, not an owner, and who can stay there only so long as the owner lets her. If your daughter wants you out, you have to leave; if you don't, she can bring a legal action to have the sheriff remove you.

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