My Father's will leaves his home equally to my older step-sister and I. Stating that it is to sold and divided equally. We both are disabled; she receives social security disability, I don't. I am his natural daughter. She is not. She has never lived in this home. I have lived with my father in this home for the last 30 years and it is my childhood home. What rights, if any, do I have to live the rest of my life in this home after my father dies?
2007-01-21 12:00:56 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends.
The most important thing to look at is the title of the house. If the house is, for example, in fee simple in you father's name, then it will be disposed of by his will. If the title is, say, in Joint tenanacy with you, then you get the house, and his will is ineffective. If the house is in Tennants in common, then his will can only give away 1/2 of the house, and can't force a sale. If he has an attorney working for him, I doubt this is the case.
Assuming the house is in Fee simple, most of the facts your cite don't help you very much. The fact that she never lived, etc, does't mean much. His will is likely valid, and you'd have to deal with your step sister.
If all you want is to live thier the rest of your life, you could probally work something out. You could probally buy her out, by taking a mortage that wouldn't be due until your death, when the property would sold.
2007-01-21 23:02:29 · answer #1 · answered by tallthatsme 4 · 0⤊ 0⤋
If his will stipulates that the home goes to your step sister and yourself where if sold the proceeds of sale of the house will be divided equally. You could buy out her half,and then the house is legally your. You and your stepsister might be able to continue living there if you both agree and you both can keep up with the payments. You may need to check with a lawyer! However in some states the natural child has the right to the house if it belonged to both natural parents.! Such as in the state im from,I had the right of things that belonged to my mother that belonged to my mother and father together or furniture that was from both parents! good luck
2007-01-21 12:40:15 · answer #2 · answered by MaryAnn K 3 · 0⤊ 0⤋
It does not matter if you are his natural daughter and she is not. The Will states that he wishes the house to be sold and divided equally. To remain in the house, you will need to buy your step-sister's half of the house from her. The house will need to be valued and you will be required to purchase half of the valuation amount. See a solicitor that specialises in estates.
2007-01-21 13:53:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
None if you thought is to cheat your sister.
What the will says goes even if it is unfair. Also he could leave his house to a random person in the phone book if that's what he wanted. Your being his natural child is not a factor. Contest if you like but you will not get anywhere with that line of reasoning.
Strike a deal with your sister. Maybe you can take out a mortgage or something to buy her out. Maybe go see a lawyer to work something out agreeable to both parties.
Good luck.
2007-01-21 12:05:57 · answer #4 · answered by John16 5 · 0⤊ 0⤋
You would have to buy her portion of the house. The estate will abide by his wishes and divide the home equally between you and her. They will not take into consideration that you are his full daughter or that you live their, unless you can prove he changed his will from you having the sole rights to the house to her and you dividing the house after he was mentally gone, or under persuasion from her, or fraudulently.
2007-01-21 12:05:57 · answer #5 · answered by Mariposa 7 · 2⤊ 0⤋
When he passes, you will each own half the home. If you want to remain there, and she wants to sell, you will have to buy her half of the house. Pretty simple really.
If you're asking how you can stay there and not have to pay her for it, there is really no way. The will says what it says. Whether the other is his daughter or not, he is leaving part of his estate to her.
2007-01-21 12:20:26 · answer #6 · answered by ? 5 · 0⤊ 0⤋
he has left it to vague..............for instance he could have said that the property to be sold after his death IF this is the wishes of both parties.....also he can have it say that so and so is to be allowed to remain in said House until such time as she wishes to leave.....are there any other children?
AS your father is still alive then I suggest you speak to him and ask for the will to be re wrote ensuring you will NOT be thrown out by maybe someone acting on her behalf at a later date...and maybe he can get the will probated prior to his death, we are doing this as we have some very very greedy step kids that have already told my husband that if he goes before me then they will fight tooth and nail to get me thrown out of this house...........which would ALMOST be funny if they had ever lived here or put any money into it...............down payment came from the sale of MY house in another country.
2007-01-21 12:12:16 · answer #7 · answered by candy g 7 · 0⤊ 0⤋
You could either petiton the court to review the will and state your objection to it or you could offer to buy her part of the house. The question I have is is your father still alive? If so, ask him to leave the house to you because you want it. Secondly, if he asked you both to have it and sell it and he deceased, why would you not honor his request?
2007-01-21 12:26:16 · answer #8 · answered by Rhode Island Red 5 · 0⤊ 0⤋
You would have to pay her half of the value or an agreed upon amount.
2007-01-21 12:08:59 · answer #9 · answered by Jim C 6 · 0⤊ 0⤋