What will happen when my parent dies?

UPDATED: Oct 1, 2022

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What will happen when my parent dies?

I live with my mother in South Dakota I have for 8 years helping to take care
of her. If I didn’t live here she would be in a nursing home. My siblings do not
help one bit and rarely come to see her. My mom needs constant care. She is
unable to do the simplest of tasks. She has dementia also. When my mother passes
away her will states that her house the house we live in can be bought by any
child of hers for fair market value with the money going to the other siblings.
If no child wants it, it is to be sold and the proceeds are to be split amongst
the children. If more than one child wants the house, it will go to the highest
bidder. Since I live in this house and am unable to have a job because of taking
care of her, does her will still hold true or can the house be mine somehow?

Asked on December 30, 2018 under Estate Planning, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

That you live in the house, that you have cared for your mother, and that you do not have a job due to taking care of your mother are all, unfortunately, completely irrelevant. When a person dies with a will, the terms of the will are enforced as written--no other factors, including what might be fair, count or have any effect. If your mother wants you to get the house because you cared for her, she needs to change or revise her will to reflect that; otherwise, the current will's terms will be enforced.

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.

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