If my mum dies what would happen to our house. My mum hasn't got a will and it looks like she'll never make one. I have two sisters one who lives with me and my mum, What would happen to the house. I don't want my mum to die and love her to bits but i don't want arguments between the family when her time is up.
Serious answers only please
2006-08-06 04:59:22 · 16 answers · asked by shelz042000 3 in Politics & Government ➔ Law & Ethics
Im 25 and living in Engalnd ( UK0
2006-08-06 05:15:46 · update #1
My father passed on 3 years ago
2006-08-06 05:17:02 · update #2
If at the time when your mum dies you are still living in the house you will have certain rights and protections, and so will your sister if she is still there.
If your mother is dead set against a will, maybe you and your sisters could get together and make an agreement what should happen in case of her death. The occupiers of the house could make an agreement to pay a certain portion of the value of the house to the non occupier, for example.
If you are really worried, you should see a lawyer. You could give full details and be advised accordingly.
2006-08-06 15:17:51 · answer #1 · answered by hi_patia 4 · 1⤊ 0⤋
We'll need a bit more information to answer your question. Where do you live (not specifically, but rather what state, what country) and how old are you? Are you legally an adult? The transfer of property from an estate to heirs can vary state to state. Typically, property will go to next of kin. Since you didn't mention that your mom is married, most states would consider her children the legal heirs of the property, with the house divided equally between you. If you're legally minors, the house would be put in trust until you reach the age of majority in your locale.
That said, it still could be a potential problem. How would the two children living in the house afford to stay there if they had to "buy out" the third sister's 1/3 interest in the property? If your mom intends for the two of you currently in the house not to lose it in case of her death, she needs to put that in writing. Intuit sells an inexpensive software program called "Lawyer 2006" that can write a simple will for your mom.
Anyone with children should take the time to write a will. As you say, who wants to fight with family members while you're still in the grieving process? Also, if any of you are minors, your mom needs to assign a guardian or you could end up being a ward of the state and put into foster care. Try to bring up the subject of a will as gently as you can to your mom. You'll be doing everyone a favor.
2006-08-06 05:11:01 · answer #2 · answered by SuzeY 5 · 0⤊ 0⤋
OK, a serious answer: In the US, if there is no legal will made by the deceased the local court system will decide how the estate will be divided up. Usually in a combative situation with family members fighting among themselves it involves lawyers, delays, appeals, and on, and on. Please, please try to get her to make a will NOW. Offer to pay a lawyer to come to your house if necessary, only do it. You cannot believe how bad your own family can sink until you have seen it with your own eyes. The will itself can be very simple and NO ONE has to see it other than mum and the lawyer.
2006-08-06 05:12:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If she has no will it will go to next of kin but there will be a large tax to pay. Get some advice and suggest gently a will would be a good way of preventing upset amongst the family and also the G taking a large share of what she may want to go to her kids etc.
2006-08-06 05:31:40 · answer #4 · answered by Ice Queen 4 · 0⤊ 0⤋
Should be split the three ways equally, but is always best if a will is in place, I don't understand why people have a fear of putting things in clear order, there are somethings that will happen to us in life, we will pay taxes and we will die, so what's the point of evading the issue, get her to do a will!
2006-08-06 05:05:11 · answer #5 · answered by SunnyDays 5 · 0⤊ 0⤋
If your mother died intestate (i.e. without leaving a will) then her estate has to go to probate and is divided equally between all siblings. A lot of paperwork is involved but you should be able to complete it without the need for a solicitor.I know as this happened with my father.
2006-08-06 05:04:36 · answer #6 · answered by Pookie 4 · 0⤊ 0⤋
Making a will is of vital importance. Tell her that if she doesn't, the government gets to sell the house and her stuff and take a percentage of it, while you and your sisters get the leftovers. If she writes a will, you and your sisters can get all of it and there would be no fighting over it.
2006-08-06 05:05:23 · answer #7 · answered by theboz 3 · 0⤊ 0⤋
I am going through this now. My dad died and there is no will. We will have to go through Surrogates Court to settle the very small estate. You sound as if you are in England, I am sure your country has something similiar, consult a lawyer.
2006-08-06 05:05:40 · answer #8 · answered by Jim T 4 · 0⤊ 0⤋
I think the best way to set your mind at ease is to visit a lawyer & discuss it. Also try to get your Mum to make a will.
2006-08-06 05:16:03 · answer #9 · answered by monkeyface 7 · 0⤊ 0⤋
make a will. all you have to do is specified what happens if your mum should pass on and all you need is two signatures. 2 people you can trust.
2006-08-06 05:08:31 · answer #10 · answered by delmore 2 · 0⤊ 0⤋