What are a child’s rights to remain in the house of their deceased parent?

UPDATED: Dec 3, 2013

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What are a child’s rights to remain in the house of their deceased parent?

I am a disabled adult and lives with and shares all expenses with my mother. Upon her death how long will I be able to live here? My brother and sister have strongly influenced her to drastically change her Will after my father’s death. I became so depressed that I checked myself into a mental health facility, therefore they were able to convince her to change her to leave me extremely little. Currently I provide 24 hour care for her, as well as do all shopping, driving to and from medical appointments, etc., keep the house clean, the yard mowed, care and upkeep of vehicle, etc. However, my sister has sole control over my mother’s finances. My brother comes frequently to have her wait on him when she is unable to care for herself.

Asked on December 3, 2013 under Estate Planning, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The length of time you can live in the house after your mother's death will be determined by provisions in the Will pertaining to the disposition of the property, and how long it will take to implement those provisions; for example, if the estate is large enough to require probate that may result in significant delays before the property is transferred to the designated beneficiary.

You can contest the Will in Probate Court based on undue influence upon your mother asserted by your brother and sister which resulted in changes in the Will leaving you very little.

It would be advisable to speak with a Probate attorney.

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