If someone is on the deed to their parent’s house, do they have any obligation to pay money out to their siblings one the parent has died?

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If someone is on the deed to their parent’s house, do they have any obligation to pay money out to their siblings one the parent has died?

My sister and brother-in-law had mom put them on her house deed about a year before she passed away. They said they were going to buy her house. After mother’s passing, my sister now says that they are going to give my brother and I our share of the house as stated in the Will. If their names are on the deed and mom is deceased, do they have any obligation to give us anything?

Asked on May 22, 2014 under Estate Planning, Illinois

Answers:

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

Answered 6 years ago | Contributor

This question is far more complicated than you know and while I hope to point you in the right direction, understand that you need to speak with an attorney in your area about your options here.  If your sister and her husband in any way defrauded or unduly influenced your Mother to have them placed on the deed with her then you may want to speak to an attorney about setting the transfer aside. If their names are on the deed with "rights of survivorship" then it passed to them automatically upon Mom's death and you would get nothing.  If they were just joint owners then you and your other siblings only share in your Mother's portion which would be significantly less than the whole. Please seek help.  Good luck.


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