What will happen when my parent dies?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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