Rights of a beneficiary
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Rights of a beneficiary
I am a sibling of 7. I have s brother saying he is full beneficiary of his mother’s home. He has never provided any proof after repeatedly being asked. I have lived in my mother’s home for the past 2 years and now is being told that it is sold. She died 15 months ago. What rights do I have, if any.
Asked on June 4, 2019 under Estate Planning, Arkansas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If there is a will--a properly signed, witnessed, etc. will--from your mother leaving it all to him, then--and only then--is he right: a parent does not have to be fair, and can leave everything to one child. But if not, if there is a will but it doesn't leave it all to him, then he only gets whatever share the will left him, and the other beneficiaries would get their shares. And if there was no will, then if she was not married when she passed away, your mother's children (the 7 of you) all share in her home and anything else she left behind equally.
If he had a will leaving it all to him, he would have had to probate it: you can check on whether this happened at the county probate court. If he did not have or probate such a will, you (and your other siblings) can sue him for your share. Such a suit would be complex for a nonlawyer--you want to hire an attorney to help you. You and some or all of the other 6 may wish to jointly hire an attorney, to split/share the cost.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.