If my name is on the deed to my parent’s house and they pass away but try to leave it to my sibling and we don’t come to an agreement, what are my options?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my name is on the deed to my parent’s house and they pass away but try to leave it to my sibling and we don’t come to an agreement, what are my options?
Asked on July 1, 2012 under Real Estate Law, Montana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the situation. How is the deed held with your parents? As Tenants in Common or Joint tenants? Does it say "with rights of survivorship" anywhere? If ther are rights of survivorship then you own the proeprty alone. If it does not then you own it jointly with your sibling if they Willed him the other half. Then some one needs to be appointed as the executor of the estate and the deed has to be trasferred. Now, if you do not want to own it with him you can buy him out or ask the court to partition the property (which results in its sale and the proceeds split). Seek help. Good luck.
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.