If the home I have lived in all my 61 years belonged to my late parents, do I have rights to the house outright, even if the Will states that I get half and my siblings get a quarter?

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If the home I have lived in all my 61 years belonged to my late parents, do I have rights to the house outright, even if the Will states that I get half and my siblings get a quarter?

Also, there is a small mortgage on it so what happens to that?

Asked on December 30, 2014 under Estate Planning, New Jersey

Answers:

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

Answered 6 years ago | Contributor

No, you do not.  The Will governs what will happen to the estate of your late parents.  If there is no Will then the intestacy statute governs (but you get more it seems under the Will). The mortgage needs to be paid off but how that happens will depend on many other things with the estate.  If you wish to buy out your siblings that could be an option.  I would suggest that you speak with an attorney as soon as you can.  Good luck. 


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