With out a will can one sibling take the home when there are more children ?
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With out a will can one sibling take the home when there are more children ?
Father died ..left no will…A daughter is paying off
money owed on house..When paid off will it be hers or
will it have to be auctioned off and split between all 3
children?.The house is in North Carolina
Asked on November 15, 2018 under Estate Planning, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When someone dies "intestate (i.e. without a Will), then their heirs are legally entitled to their estate. In this case, you and your 2. Accordingly, regardless of who pays the expenses for the house, unless all 3 heirs have entered into an enforceable agreement to the contrary the proceeds of the house sale will be split equally.
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