What are my rights to inheritance being adopted
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to inheritance being adopted
I was adopted and my adoptive parents had 2 older son’s by birth prior to me. Now the coming reality is my only living parent death is close. I’ve lived in my parents home for 42 years still do but my brothers say I can’t live here once she passes on? The house and land is paid for so why can’t I stay. Both brothers are in their late and mid 60’s I’m 42 with kids. Can I be forced out?
Asked on September 27, 2017 under Estate Planning, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless you are the sole person to inherit the home after your parent's death, you can most likely be forced out. First, ifsomeone other than you inherits (I.e. regardless if who else inherits, you do not), which could happen if your parent willed the home to say, your brothers, but not you, the new owner can remove a nonowner at will; you would have no right to stay in someone else's home. Even if you are one of several owners (e.g. you and your brothers all inherit), there are different ways during or after the probate/inheritance process that the other owners can force a sale--and if the home is sold, you would have to leave. (When there are multiple owners, if some do not want to physically keep the property, the law has a mechanism to force a sale, after which the proceeds, if any, are divided among the owners.) If doesn't matter if this has been your only home or if you have children; the only way you could be sure of staying is is only you inherit (and there is not mortgage and/or you can pay off the mortgage).
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.