in a partition action by my siblings on property i managed prior to my mothers death do i have rights
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in a partition action by my siblings on property i managed prior to my mothers death do i have rights
do i have rights in a partition action on a property i managed for my mom and did
her caretaking the last year of her life,when the other siblings never even
hardly visited,3 times in 12 years for 1.1/2 hours total,1 never even visited
Asked on August 26, 2017 under Estate Planning, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Managing the property has no effect on ownership of a property, and only ownership gives you "standing," or rights in a partition action. If you are on the title or are inheriting (even if the estate has not yet been wrapped up), you have the right to appear in and oppose a partition action, but be aware that when the owners of a property disagree as to what to do (e.g. sell vs. rent vs. live in and use, etc.), partition *is* the law's response, so even if you have an interest in the property from owning or inheriting it, if all you have to oppose the partition action is that you don't want partition, that is no enough.
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