What are my rights to inheritance being adopted

UPDATED: Oct 1, 2022

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What are my rights to inheritance being adopted

I was adopted and my adoptive parents had 2 older son’s by birth prior to me. Now the coming reality is my only living parent death is close. I’ve lived in my parents home for 42 years still do but my brothers say I can’t live here once she passes on? The house and land is paid for so why can’t I stay. Both brothers are in their late and mid 60’s I’m 42 with kids. Can I be forced out?

Asked on September 27, 2017 under Estate Planning, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you are the sole person to inherit the home after your parent's death, you can most likely be forced out. First, ifsomeone other than you inherits (I.e. regardless if who else inherits, you do not), which could happen if your parent willed the home to say, your brothers, but not you, the new owner can remove a nonowner at will; you would have no right to stay in someone else's home. Even if you are one of several owners (e.g. you and your brothers all inherit), there are different ways during or after the probate/inheritance process that the other owners can force a sale--and if the home is sold, you would have to leave. (When there are multiple owners, if some do not want to physically keep the property, the law has a mechanism to force a sale, after which the proceeds, if any, are divided among the owners.) If doesn't matter if this has been your only home or if you have children; the only way you could be sure of staying is is only you inherit (and there is not mortgage and/or you can pay off the mortgage).

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