Who is entitled to live on heir property?

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Who is entitled to live on heir property?

My grandmother passed and before her passing
an aunt moved in to help care for her. Nefore
ahe moved moved in my grandmother had 3 other
children living there. Once my grandmother
passed, my aunt allowed her children to move
in, claims rooms and so forth. What rights do
the grandchildren have ?

Asked on April 14, 2018 under Estate Planning, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The issue is, who inherited the home? If your grandmother had a will, consult the will. If there was no will, the home passed by "intestate succession," which are the rules for who gets what in the absence of a will. With no will, if your grandmother did not have a surviving husband when she passed, the house would be inherited in equal shares by her surviving children--your aunt and any other children of your grandmother (such as your mother or father)  who are still alive. 
Grandchildren do not inherit when there is no will if there are surviving children, so the grandchildren have no rights if there is at least one child (e.g. the aunt) alive. And if there was only one child of your grandmother (the aunt) alive, she inherits the house entirely to herself and can do anything with it that she wants.
If there were other surviving children when your grandmother passed, they and the aunt (i.e. they and their sister or half-sister) share rights to and ownership of the house. In that case, they need to either work out between them what happens to the house and who can live there (and whether to sell it, etc) or, if they can't one or more of them can bring a legal action seeking a court order compelling the sale of the house and the proceeds be divided among them.


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